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LATEST CASES (ILR Issue 2 of 2025) |
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SUBJECT INDEX ADMINISTRATIVE LAW Judicial review – Appeal – Appeal against decision of High Court –
Claimants directors, shareholders and employees of company – Claimants
dismissed from employment – Claimants commenced action for minority
oppression in High Court and filed complaints in Industrial Court for
unlawful dismissal – Industrial Court dismissed claims – High Court
affirmed awards of Industrial Court and dismissed judicial review – Whether
claimants, as directors of company, also engaged as employees of company
– Whether claimants 'workman' with company – Whether contributions to
Employees' Provident Fund and Social Security Organisation and filing of
deduction of monthly income tax on salaries indicia of contract of
employment – Whether reliefs claimed in minority oppression action by
claimants as shareholders of company precluded their claims for
compensation in lieu of reinstatement for unlawful dismissal as employee/
workman – Industrial Relations Act 1967, ss. 2 & 20 Judicial review – Application for – Challenge against award handed down by
Industrial Court – Employee issued with show cause letter pertaining to
allegations of fraudulent travel claims – Employee explained that there was
misunderstanding with claim as he had mistakenly thought that it was within
his entitlement – Employee dismissed from employment – Whether act of
dishonesty established – Whether employee's explanation could be
construed as admission of misconduct – Whether admission plain,
unequivocal and unconditional CONTRACT Agreement – Employment agreement – Fixed-term executive service
agreements – Whether to be read together – Whether period of employment
varied from each and every agreement – Whether final agreement superseded
prior agreements – Whether claim for payment in lieu for untaken annual
leave allowed – Whether claimant entitled to flight and relocation expenses
– Whether there was failure to comply and abide by procedural aspect of
monetary claim and reimbursement expenses – Executive handbook of
company – Whether applicable to non-permanent employees Employment contract – Fundamental terms – Breach – Constructive
dismissal – Employer unilaterally revised terms of employees' contract –
Reduction of employee's annual leave and requirement for employee to work
on public holidays – Failure of employer to remit and pay statutory
contributions to Employees Provident Fund (EPF), Social Security
Organisation (SOCSO) and Employment Insurance Scheme (EIS) – Failure
of employer to remit monthly tax deductions to Inland Revenue of Malaysia
despite deducting them from employee's monthly salary – Whether there was
constructive dismissal EVIDENCE Cross-examination – Witness – Employee dismissed from employment –
Employee brought matter to Industrial Court – Employee did not cross
examine employer's witnesses – Whether employee taken to have abandoned
his pleaded case – Whether ought to be allowed to argue or submit on
relevant issues – Whether evidence by employer's witnesses remained
unchallenged and taken to be true – Principles distilled from of Aik Ming (M)
Sdn Bhd & Ors v. Chang Ching Chuen & Ors & Another Case INDUSTRIAL COURT Forum – Constructive dismissal – Allegations of violations of Employment
Act 1955 – Whether Industrial Court proper forum to adjudicate violations
complained of – Whether employee ought to file complaint to Director
General of Labour Jurisdiction – Award – Claimants directors, shareholders and employees of
company – Claimants dismissed from employment – Claimants commenced
action for minority oppression in High Court and filed complaints in
Industrial Court for unlawful dismissal – Industrial Court dismissed claims
on ground that claimants not 'workman' – Whether claimants, as directors
of company, were also engaged as employees of company – Whether
claimants 'workman' with company – Whether reliefs claimed in minority
oppression action by claimants as shareholders of company precluded their
claims for compensation in lieu of reinstatement for unlawful dismissal as
employee/workman – Whether Industrial Court seized with jurisdiction to
hear matter – Industrial Relations Act 1967, ss. 2 & 20 LABOUR LAW Collective agreement – Trade dispute – Enforceability – Memorandum of
agreement – Financial assistance to Union members to celebrate festivals –
Payment of one month salary to Union members for 2023 – Whether
memorandum of agreement deposited into Industrial Court for cognisance –
Whether memorandum of agreement for festival aid legally-binding –
Whether association obligated to pay festival aid to Union members under
memorandum of agreement for 2024 – Industrial Relations Act 1967, ss. 2,
14(2), 16(1) & 17(2) Employment – Dismissal – Breach of duty and confidence – Employee's
duty to protect employer's interest – Employee damaged relationship of
confidence and trust with employer on financial matters – Employee
dismissed from employment – Whether there was breach of duty by
employee – Allegations by employee that there were no warning letter and
domestic inquiry – Whether employee dismissed with just cause or excuse
– Industrial Relations Act 1967, s. 20(3) Employment – Dismissal – Constructive dismissal – Employer unilaterally
revised terms of employees' contract – Reduction of employee's annual leave
and requirement for employee to work on public holidays – Failure of
employer to remit and pay statutory contributions to Employees Provident
Fund (EPF), Social Security Organisation (SOCSO) and Employment
Insurance Scheme (EIS) – Failure of employer to remit monthly tax
deductions to Inland Revenue of Malaysia despite deducting them from
employee's monthly salary – Whether there was constructive dismissal Employment – Dismissal – Misconduct – Domestic inquiry – Employee
alleged to have committed certain acts of misconduct – Domestic inquiry
riddled with irregularities – Absence of material witnesses – Inadequately
prepared and biased inquiry panel – Failure to provide any documentation
of inquiry proceedings – Whether claimant afforded due process guaranteed
under employment law – Whether domestic inquiry procedurally flawed –
Whether there was breach of natural justice – Whether null and void Employment – Dismissal – Misconduct – Fraudulent travelling claims –
Employee allegedly misrepresented to employer by submitting mileage and
parking claim despite not travelling using his car – Employee issued with
show cause letter – Employee explained that there was misunderstanding
with claim as he had mistakenly thought that it was within his entitlement
– Employee dismissed from employment – Whether act of dishonesty
established – Whether employer carried out investigation on employee's
alleged misconduct – Whether employee's explanation considered by
employer – Whether employee dismissed with just cause or excuse Employment – Dismissal – Misconduct – Prolonged suspension – Period of
suspension provided under law – Employee alleged to have committed
certain acts of misconduct – Employee issued with three show cause letters
– Each show cause letter accompanied by suspension of two weeks –
Employee suspended from work for total of six weeks – Period exceeding
two weeks – Whether employer in direct contravention of statutory law –
Employment Act 1955, s. 14(2) Employment – Dismissal – Misconduct – Sleeping at workplace – Senior
employee in managerial position found guilty of sleeping at workplace during
working hours on 11 occasions – Employee found guilty of misconduct and
dismissed from employment – Employee suffered from medical condition
called sleep apnea – Whether sleeping at workplace serious misconduct –
Whether employee committed said misconduct – Whether there were
extenuating circumstances in favour of employee – Whether punishment of
dismissal appropriate punishment – Whether less severe disciplinary actions
could have been taken by employer – Whether dismissal by employer done
with just cause or excuse – Whether employee contributed to misconduct –
Whether reinstatement appropriate remedy – Industrial Relations Act 1967,
ss. 20(3) & 30(6A) Employment – Dismissal – Poor performance – Whether employee
expatriate – Employee dismissed from employment due to poor performance
– No actual evidence of poor performance – Reasons for termination not
particularised in termination letter – Whether poor performance established
– Whether employee failed to sufficiently improve performance – Whether
dismissal with just cause and excuse – Whether reinstatement proper remedy
– Industrial Relations Act 1967, ss. 20 (1), (3), 30(5) & (6A) Industrial Court – Right of employees – Right to bring claim of unlawful
dismissal – Employee dismissed from employment – Employer paid
employee termination benefits out of goodwill – Employee accepted
payment without protest – Whether payment made out of goodwill absolved
employer of any claim by employee for unlawful dismissal – Whether
employee's acceptance of goodwill payment restricted his right to bring
matter to Industrial Court – Whether employee's right to bring matter still
open – Industrial Relations Act 1967, s. 20(3) STATUTORY INTERPRETATION Definition – 'collective agreement' – Whether memorandum of agreement
came within ambit of 'collective agreement' – Whether memorandum of
agreement ought to be deposited into Industrial Court for cognisance –
Industrial Relations Act 1967, ss. 2 & 14(2) TRADE UNION Collective agreement – Dispute – Enforceability – Memorandum of
agreement – Financial assistance to Union members to celebrate festivals –
Payment of one month salary to Union members for 2023 – Whether
memorandum of agreement deposited into Industrial Court for cognisance –
Whether memorandum of agreement for festival aid legally-binding –
Whether association obligated to pay festival aid to Union members under
memorandum of agreement for festival aid for 2024 – Industrial Relations
Act 1967, ss. 2, 14(2), 16(1) & 17(2) WORDS & PHRASES 'goodwill' – Goodwill payment – Employment matter – Employee
dismissed from employment – Employer paid employee termination benefits
out of goodwill – Whether payment out of goodwill absolved employer of
any claim by employee for unlawful dismissal – Whether deterred employee
from escalating matter to Industrial Court – Whether employee's right to
bring matter still open - Industrial Relations Act 1967, s. 20(3) 'workman' – Claimants dismissed from employment – Claimants directors,
shareholders and employees of company – Claimants commenced action for
minority oppression in High Court and filed complaints in Industrial Court
for unlawful dismissal as employee/workman – Industrial Court dismissed
claims on ground that claimants not 'workman' – Whether claimants, as
directors of company, also engaged as employees of company – Whether
claimants 'workman' – Industrial Relations Act 1967, ss. 2 & 20 INDEKS PERKARA PERTIKAIAN PERUSAHAAN Perjanjian bersama – Artikel – Pertikaian – Tuntutan mempunyai dan tidak
mempunyai implikasi kewangan – Pertikaian tentang bonus/insentif
tahunan, elaun khas pentadbiran, tempoh/jam bekerja, bebanan mengajar,
cuti, kemudahan menyambung pengajian, manfaat perubatan, Takaful dan
PERKESO, manfaat persaraan/faedah-faedah, pengurusan tatatertib, status
perjawatan staf, kenaikan pangkat, tugasan rasmi, pelarasan gaji, cuti
sabatikal dan kemudahan anak melanjutkan pengajian di universiti – Sama
ada cadangan-cadangan Kesatuan Sekerja wajar diterima dan dibenarkan –
Status kewangan dan kemampuan syarikat – Akta Perhubungan Perusahaan
1967, ss. 13(3), 13(5), 26(1), 30(4) & 30(5) – Akta Kerja 1955 UNDANG-UNDANG BURUH Perjanjian bersama – Artikel - Pertikaian – Tuntutan mempunyai dan tidak
mempunyai implikasi kewangan – Pertikaian tentang bonus/insentif
tahunan, elaun khas pentadbiran, tempoh/jam bekerja, bebanan mengajar,
cuti, kemudahan menyambung pengajian, manfaat perubatan, Takaful dan
PERKESO, manfaat persaraan/faedah-faedah, pengurusan tatatertib, status
perjawatan staf, kenaikan pangkat, tugasan rasmi, pelarasan gaji, cuti
sabatikal dan kemudahan anak melanjutkan pengajian di universiti – Sama
ada cadangan-cadangan Kesatuan Sekerja wajar diterima dan dibenarkan –
Status kewangan dan kemampuan syarikat – Implikasi kewangan – Akta
Perhubungan Perusahaan 1967, ss. 13(3), 13(5), 26(1), 30(4) & 30(5) |
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