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Industrial Court: Roslina Binti Abdul Rahman v Transocean Drilling Sdn Bhd |
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Employment law – Dismissal – Alleged forced resignation – Whether the Claimant was forced to tender her resignation or whether the resignation was voluntarily – Standard of proof required – Whether claimant succeeded in proving mala fide conduct by respondent company – Whether dismissal with just cause or excuse
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Industrial Court: Roslina Binti Abdul Rahman v Transocean Drilling Sdn Bhd |
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Employment law – Dismissal – Alleged forced resignation – Whether the Claimant was forced to tender her resignation or whether the resignation was voluntarily – Standard of proof required – Whether claimant succeeded in proving mala fide conduct by respondent company – Whether dismissal with just cause or excuse
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Industrial Court: Ngoh Ai Nium v Grand Dorsett Subang Hotel |
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Employment Law – Claimant’s failure to plead for reinstatement as a remedy in her Statement of Case – Claimant seeking unpaid leave which is not a remedy falling within the Industrial Relations Act – Claimant’s failure to plead that she had been dismissed from employment – Whether the Industrial Court has jurisdiction to hear a claim for seeking unpaid annual leave when she is not seeking a remedy for reinstatement in her Statement of Case
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Industrial Court: Nadarajan a/l Ramadu v Panalpina Transport (Malaysia) Sdn Bhd |
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Employment law – Redundancy – Retrenchment – Reorganization of employer’s business – Loss of business – Whether redundancy situation and consequent retrenchment a colourable exercise by the employer to get rid of the employee – Whether the power to retrench exercised bona fide by the employer – Whether retrenchment made in compliance with the principle of “last in, first out” – Whether retrenchment made in conformity with the accepted standards – Whether dismissal with just cause or excuse
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Industrial Court: Tan Hong Tyng v Yun Nam Hair Sdn Bhd |
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Employment Law – Dismissal – Poor performance – Absence during peak business time – Poor customer relation leading to loss of business – Whether employer has issued warning to the employee – Whether employee was accorded sufficient opportunity to improve performance – Whether employee failed to improve performance despite warnings – Whether poor performance established – Whether dismissal with just cause or excuse
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