CLJ Law MALAYSIA
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ILR
Bulletin, Vol 2005, Issue 2
28 April 2005
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CLJ Law MALAYSIA |
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INDUSTRIAL LAW REPORTS ISSUE 11
AWARD NUMBER
AWARD NO. 910 OF 2004 [CASE NOS: 14/4-351/00 & 14/4-392/00]
ARAB
MALAYSIAN MANAGEMENT SERVICES SDN BHD v. SHAHRUDDIN IBRAHIM & ANOR & ANOR CASE
SOO AI LIN
DISMISSAL: Retrenchment - Redundancy - Economic slowdown
necessitating downsizing of workforce - Failure of companies to produce own profit and
loss account - Whether true financial position had been shown - Whether subsidiary
companies allowed to rely on accounts of holding company in order to corroborate own
financial position - Consideration of separate legal entity status between holding company
and subsidiary companies to reject reliance on holding company’s financial documents
- Whether retrenchment justified
EVIDENCE: Adverse inference - Non production of profit and loss account
to justify retrenchment - Whether there was withholding of vital evidence on part of
companies - Whether s. 114(g), Evidence Act 1050 ought to apply
AWARD NO. 1032 OF 2004 [CASE NO: 3/4-879/99]
AMANAH
SAHAM NASIONAL BHD v. ABDUL WAHID ABDUL MAJID & YANG LAIN
MOHD NOOR YAHYA
DISMISSAL: Breach of company policies - Misappropriation of
investment funds - Allegations of - Whether proved - Whether claimants had breached
confidence and trust placed by company - Whether just dismissal
EVIDENCE: Burden of proof - Onus - Employee dismissed on basis of alleged
criminal offence - Whether court required to be satisfied beyond reasonable doubt that
such offence was committed - Whether standard of prove applicable was on balance of
probabilities
AWARD NO. 1044 OF 2004 [NO. KES: 11/2-300/03]
BRIGHT
OCEAN SDN BHD & ORS lwn. KESATUAN PEKERJA-PEKERJA PEMBEKAL-PEMBEKAL PERKHIDMATAN
SAMPINGAN PELABUHAN, PELABUHAN KLANG
ZURA YAHYA
PERTIKAIAN PERDAGANGAN: Perjanjian bersama - Syarat dan terma
perkhidmatan - Award persetujuan
AWARD NO. 1057 OF 2004 [CASE NO: 14/4-919/01]
UKIRKACHA
SDN BHD v. NORHISHAM SEYAJAH
SOO AI LIN
INDUSTRIAL RELATIONS: Employee status - Probationer - A workman
within meaning of Industrial Relations Act,1967 - Whether services may be terminated
without just cause or excuse - Distinction between probationer and confirmed employee -
Whether accorded same status, rights or privileges as permanent employee - Whether may be
removed as long as reasonably found not suitable for job
DISMISSAL: Probationer - Poor performance - Customers’ complaints
- Whether proved - Whether claimant lacked discipline - Claimant employed in managerial
position - Whether need for written warning before dismissal on ground of poor performance
- Hartalega Sdn Bhd. v. Shamsul Hisham Mohd. Aini - Whether verbal warnings sufficient -
Opportunity for improvement - Whether much less apparent in claimant’s case - Whether
formal appraisal needed - Whether just dismissal
AWARD NO. 1061 OF 2004 [CASE NO: 1/1-378/2003]
KOPERASI
POLIS DIRAJA MALAYSIA BHD v. KESATUAN PEKERJA-PEKERJA KOPERASI POLIS DIRAJA MALAYSIA BHD
YUSSOF AHMAD, EMPLOYER’S PANEL: MD YOUSOFF NOOR MOHAMED, EMPLOYEE’S PANEL: AJ
PATRICK
NON COMPLIANCE: Collective agreement - Terms and conditions of
service - Art. 14 (on existing benefit) - Whether right to purchase company’s car at
discount an existing benefit protected by art. 14 of the collective agreement - Whether
due compliance to order
AWARD NO. 1070 OF 2004 [CASE NO: 15/4-966/01]
GUOY
CONSULTANCY SDN BHD v. LEO ALBERT ESPECKERMAN
N RAJASEGARAN
INDUSTRIAL RELATIONS: Dismissal - Resignation - Claimant contended
non est factum for resignation letter - Claimant claimed resignation letter was a forgery
- Whether there was dismissal or resignation
AWARD NO. 1086 OF 2004 [CASE NO: 3/4-657/01]
BONA
GAINS SDN BHD v. KHOO THIAN WAH
MOHD NOOR YAHYA
INDUSTRIAL RELATIONS: Dismissal - Status of employment - No letter of
dismissal given by company - No letter of employment - Claimant only worked one week
before alleged dismissal - Whether there was dismissal
AWARD NO. 1107 OF 2004 [CASE NO: 12/4-635/03]
TERAMAJU
SDN BHD v. MOHAMMAD KHAIRUL ANUAR CHAI ABDUL AMIN
YEOH WEE SIAM
INDUSTRIAL COURT: Procedure - Trial - Application for reinstatement -
Whether claimant had good grounds to reinstate case - Whether there had been undue delay -
Power of court to order reinstatement - Bank Pusat Kerjasama Bhd (In Receivership) v.
Mahkamah Perusahaan Malaysia & Anor
AWARD NO. 1121 OF 2004 [CASE NO: 3/4-495/98]
DOMINION
DIRECTIONS SDN BHD v. LOW CHIEW FOONG
MOHD NOOR YAHYA
DISMISSAL: Constructive dismissal - Suspension of employee pending
investigation - Whether valid in law - Whether company had reasonable cause to believe
claimant had committed misconduct - Whether company had right to take disciplinary action
against claimant - Whether there was any evidence of bad faith or victimisation on part of
company
DISMISSAL: Constructive dismissal - Increment and bonus - Whether at
employer’s discretion - Whether there was justification for claimant to be paid
increment or bonus after being found guilty at domestic inquiry
AWARD NO. 1155 OF 2004 [CASE NO: 3/4-320/99]
RANGER
COMMUNICATIONS (M) SDN BHD v. BALN PARAMAN
MOHD NOOR YAHYA
DISMISSAL: Misconduct - Allegations of - Disobedience to order of
employer - Instigating fellow employees to write letter of petition - Failure to discharge
duty - Whether proved - Whether dismissal with just cause or excuse
AWARD NO. 1164 OF 2004 [CASE NO: MP.1: 20/4-749/01]
PPKA
SDN BHD v. ARUMUGAM SITHAMPARAM
ZAINI ABD RAHMAN
DISMISSAL: Alternative dispute resolution - Mediation - Amicable
settlement
AWARD NO. 1169 OF 2004 [CASE NO: 10/4-409/02]
SERAMPAI
ISTIMEWA SDN BHD v. WONG KING SIM
CHOONG SIEW KHIM
DISMISSAL: Termination of services - Qualification - Claimant lacking
qualification professedly possessed during interview for employment - Whether
claimant competent to carry out duties - Whether amounted to fundamental breach to
contract of service - Whether just dismissal
AWARD NO. 1176 OF 2004 [CASE NO: 6/2-293/03]
KILANG
SAWIT PANJI ALAM SDN BHD v. KESATUAN KEBANGSAAN PEKERJA-PEKERJA LADANG
SITI SALEHA ABU BAKAR, EMPLOYER’S PANEL: FONG CHEE LOO, EMPLOYEE’S PANEL:
BRABAKARUN KUNJOO
TRADE DISPUTE: Collective agreement - Terms and conditions of service
- Disputed Articles - Article 11 (Shift Allowance) - Article 20 (Prolonged Illness) -
Provisions of Articles 11 and 20 in accordance with national standards - Article 11 and 20
ordered to be part of terms and conditions of collective agreement
AWARD NO. 1189 OF 2004 [CASE NO: 3/4-196/99]
MAYBAN
FINANCE BHD v. SAIFUDDIN ALI HUSSIN
MOHD NOOR YAHYA
DISMISSAL: Misconduct - Allegations of - Whether proved - Lateness
and absence from work - Failure to punch in and out of office - Whether dismissal with
just cause or excuse
AWARD NO. 1203 OF 2004 [CASE NO: 9(10)18(9)/4-732/01]
FEDERAL
PAINT FACTORY SDN BHD v. OOI SWEE GIOK
FRANKLIN GOONTING
DISMISSAL: Redundancy - Company’s poor financial performance -
Whether substantiated - Whether claimant’s job functions redundant - Claimant
dismissed barely two weeks after signing new contract of service - Whether mala fide
established - Whether dismissal justified
INDUSTRIAL COURT: Remedies - Reinstatement - Whether claimant ought to be
present at company within sixty (60) days from date of award
AWARD NO. 1233 OF 2004 [CASE NO: 11/4-1242/04]
HACO
MACHINERY SDN BHD v. YAP KWEE HIN
ZURA YAHYA
DISMISSAL: Alternative dispute resolution - Mediation - Amicable
settlement
AWARD NO. 1240 OF 2004 [CASE NO: 11/4-739/00]
TELEKOM
MALAYSIA BHD v. JALI A RAHMAN
INDUSTRIAL COURT, KUALA LUMPUR
DISMISSAL: Misconduct - Phonecards sold to an agent without
authorization of company - Allegation of - Whether proved - Whether claimant could rely on
defense that he was obeying superior’s instruction - Whether there was a serious
breach of a fiduciary relationship between claimant and company - Whether dismissal
justified
AWARD NO. 1257 OF 2004 [CASE NO: 19/4-1026/02]
CMCM
PERNIAGAAN MALAYSIA SDN BHD v. ONG SU PING
AHMADI ASNAWI
DISMISSAL: Constructive dismissal - Insubordination - Submitting a
derogatory word with intention of belittling a superior - Ignoring and not replying to
questions asked by a superior - Whether allegations proved - Whether punishment of
suspension without pay appropriate - Whether it fell squarely within the ambit of the
company’s inherent power to regulate the conduct of the company’s affairs -
Whether claimant’s claim of constructive dismissal allowed
DOMESTIC INQUIRY: Procedural impropriety - Company’s refusal to
provide transcripts of inquiry - Whether company reserved the right to do so - Whether
amounts to a fundamental breach of contract of employment
AWARD NO. 1264 OF 2004 [CASE NO: 4/4-958/01]
NESTLE
PRODUCTS SDN BHD v. MUSTAPHA KAMAL ABD LATIF
AMELIA TEE HONG GEOK ABDULLAH
DISMISSAL: Performance - Poor performance - Allegation of - Whether
proved - Whether claimant duly informed of unsatisfactory performance - Whether claimant
had signed on the company’s review reports - Whether claimant accorded sufficient
opportunity to improve - Whether dismissal unjust
AWARD NO. 1273 OF 2004 [CASE NO: 1/3-418/2001]
POS
MALAYSIA BHD v. KESATUAN KAKITANGAN PERKERANIAN POS MALAYSIA BHD, SARAWAK
YUSSOF AHMAD, EMPLOYER’S PANEL: LEE ENG SEONG, EMPLOYEE’S PANEL: DOMINIC
CH’NG YUNG TED
INDUSTRIAL COURT: Procedure - Jurisdiction - Whether court has
jurisdiction to hear the case
DISMISSAL: Demotion - Punishment for allegedly causing loss of money -
Whether workman to be blamed wholly - Whether workman was guilty of being inefficient and
committing gross negligence - Whether demotion justified
AWARD NO. 1316 OF 2004 [CASE NO: 6/4-232/01]
MOEM
SDN BHD v. YAP FONG FAI
SITI SALEHA ABU BAKAR
DISMISSAL: Retrenchment - Redundancy - Company has no ongoing
building projects - Cost cutting exercise undertaken - LIFO principle
- Whether services of claimant had become surplus - Whether dismissal with just cause and
excuse
AWARD NO. 1397 OF 2004 [CASE NO: 11/4-962/00]
UNILEVER
(MALAYSIA) HOLDINGS SDN BHD v. LEE CHAI PENG & ANOR
ZURA YAHYA
DISMISSAL: Misconduct - Swiping co-employee’s attendance card -
Both employees having identical clock-in and clock-out times - Whether misconduct proved -
Whether punishment of dismissal harsh - Whether unlawful to swipe someone else’s card
- Whether dismissal with just cause or excuse
AWARD NO. 1404 OF 2004 [CASE NO: 19/4-120/03]
BUMIPUTRA-COMMERCE
BANK BHD v. SARJIT KAUR BAKSHISH SINGH
AHMADI ASNAWI
INDUSTRIAL COURT: Procedure - Domestic Inquiry - Application for
court to try validity of domestic inquiry as a perliminary issue - Whether court to only
hear case de novo if dometic inquiry held to be invalid - Whether application allowed
AWARD NO. 1426 TAHUN 2004 [NO. KES: 18/4-1121/04]
DISTED
STAMFORD COLLEGE lwn. SHARLA DEVI KUMARASAMY
SITI KHADIJAH SHEIKH HASSAN, Bagi pihak syarikat - LT Chia & Siti Azlin Amir Hasan;
T/n Lee & Hishammuddin Bagi pihak yang menuntut - Navin Kaur Jessy; T/n Jessy &
Assocs
PEMBUANGAN KERJA: Pengantaraan - Penyelesaian damai
AWARD NO. 1459 OF 2004 [CASE NO: 7/4-181/02]
KEE
HUAT INDUSTRIES BHD v. TUNG AH CHAI
SYED AHMAD RADZI SYED OMAR
DISMISSAL: Retirement - Retirement clause - Whether there was a
retirement clause in letter of appointment - Whether claimant could plead ignorance of
company policy - Whether claimant could work ‘for as long as he is able to’ -
Whether retirement clause could be implied into contract of employment - Whether issue of
unfair dismissal irrelevant
AWARD NO. 1555 OF 2004 [CASE NO: 12/1-590/04]
LADANG
PERBADANAN - FIMA BHD v. ALL MALAYAN ESTATES STAFF UNION, THE
YEOH WEE SIAM, EMPLOYERS’ PANEL: MOHAMAD HUSSAIN KAPAL MARICAN, EMPLOYEES’
PANEL: PHUA BOK MENG
INDUSTRIAL COURT: Procedure - Jurisdiction - Instances when a
provision in collective agreement or statute needs to be interpreted
- Whether parties must make application under s. 33, Industrial Relations Act 1967
instead- Whether matter also falls under s. 26, Industrial Relations Act 1967 - Parties to
decide which is the more appropriate and strategic approach - Whether court has
jurisdiction to hear complaint
AWARD NO. 1578 OF 2004 [CASE NO: 21/4-388/02]
MOHAMAD
FAZDLE ABD HAMID v. MALAYSIA AIRLINE SYSTEM BHD
SUSILA SITHAMPARAM
DISMISSAL: Absenteeism - Absence without leave - Claimant taken into
police custody - Whether claimant deprived of opportunity to inform the company reason for
his absence - Whether s. 15(2) of Employment Act 1955 could be invoked to terminate
claimant’s services
AWARD NO. 1751 OF 2004 [CASE NO: 21/4-722/98]
RAVI
KR MENN V. UNIVERSAL CONCRETE PRODUCTS BHD & ORS
SUSILA SITHAMPARAM
DISMISSAL: Retrenchment - Redundancy - Whether claimant’s post
had become redundant - Whether workload had diminished - Whether company was justified in
retrenching staff to alleviate its losses - Whether retrenchment bona fide
SUBJECT INDEX
DISMISSAL: Absenteeism - Absence without leave - Claimant taken
into police custody - Whether claimant deprived of opportunity to inform the company
reason for his absence - Whether s. 15(2) of Employment Act 1955 could be invoked to
terminate claimant’s services
AWARD NO. 1578 OF 2004 [CASE NO: 21/4-388/02]
MOHAMAD
FAZDLE ABD HAMID v. MALAYSIA AIRLINE SYSTEM BHD
SUSILA SITHAMPARAM
DISMISSAL: Alternative dispute resolution - Mediation - Amicable
settlement
AWARD NO. 1164 OF 2004 [CASE NO: MP.1: 20/4-749/01]
PPKA
SDN BHD v. ARUMUGAM SITHAMPARAM
ZAINI ABD RAHMAN
DISMISSAL: Alternative dispute resolution - Mediation - Amicable
settlement
AWARD NO. 1233 OF 2004 [CASE NO: 11/4-1242/04]
HACO
MACHINERY SDN BHD v. YAP KWEE HIN
ZURA YAHYA
DISMISSAL: Breach of company policies - Misappropriation of
investment funds - Allegations of - Whether proved - Whether claimants had breached
confidence and trust placed by company - Whether just dismissalAWARD NO. 1032 OF 2004
[CASE NO: 3/4-879/99]
AMANAH
SAHAM NASIONAL BHD v. ABDUL WAHID ABDUL MAJID & YANG LAIN
MOHD NOOR YAHYA
DISMISSAL: Constructive dismissal - Increment and bonus - Whether
at employer’s discretion - Whether there was justification for claimant to be paid
increment or bonus after being found guilty at domestic inquiry
AWARD NO. 1121 OF 2004 [CASE NO: 3/4-495/98]
DOMINION
DIRECTIONS SDN BHD v. LOW CHIEW FOONG
MOHD NOOR YAHYA
DISMISSAL: Constructive dismissal - Insubordination - Submitting a
derogatory word with intention of belittling a superior - Ignoring and not replying to
questions asked by a superior - Whether allegations proved - Whether punishment of
suspension without pay appropriate - Whether it fell squarely within the ambit of the
company’s inherent power to regulate the conduct of the company’s affairs -
Whether claimant’s claim of constructive dismissal allowed
AWARD NO. 1257 OF 2004 [CASE NO: 19/4-1026/02]
CMCM
PERNIAGAAN MALAYSIA SDN BHD v. ONG SU PING
AHMADI ASNAWI
DISMISSAL: Constructive dismissal - Suspension of employee pending
investigation - Whether valid in law - Whether company had reasonable cause to believe
claimant had committed misconduct - Whether company had right to take disciplinary action
against claimant - Whether there was any evidence of bad faith or victimisation on part of
company
AWARD NO. 1121 OF 2004 [CASE NO: 3/4-495/98]
DOMINION
DIRECTIONS SDN BHD v. LOW CHIEW FOONG
MOHD NOOR YAHYA
DISMISSAL: Demotion - Punishment for allegedly causing loss of
money - Whether workman to be blamed wholly - Whether workman was guilty of being
inefficient and committing gross negligence - Whether demotion justified
AWARD NO. 1273 OF 2004 [CASE NO: 1/3-418/2001]
POS
MALAYSIA BHD v. KESATUAN KAKITANGAN PERKERANIAN POS MALAYSIA BHD, SARAWAK
YUSSOF AHMAD, EMPLOYER’S PANEL: LEE ENG SEONG, EMPLOYEE’S PANEL: DOMINIC
CH’NG YUNG TED
DISMISSAL: Misconduct - Allegations of - Disobedience to order of
employer - Instigating fellow employees to write letter of petition - Failure to discharge
duty - Whether proved - Whether dismissal with just cause or excuse
AWARD NO. 1155 OF 2004 [CASE NO: 3/4-320/99]
RANGER
COMMUNICATIONS (M) SDN BHD v. BALN PARAMAN
MOHD NOOR YAHYA
DISMISSAL: Misconduct - Allegations of - Whether proved - Lateness
and absence from work - Failure to punch in and out of office - Whether dismissal with
just cause or excuse
AWARD NO. 1189 OF 2004 [CASE NO: 3/4-196/99]
MAYBAN
FINANCE BHD v. SAIFUDDIN ALI HUSSIN
MOHD NOOR YAHYA
DISMISSAL: Misconduct - Phonecards sold to an agent without
authorization of company - Allegation of - Whether proved - Whether claimant could rely on
defense that he was obeying superior’s instruction - Whether there was a serious
breach of a fiduciary relationship between claimant and company - Whether dismissal
justified
AWARD NO. 1240 OF 2004 [CASE NO: 11/4-739/00]
TELEKOM
MALAYSIA BHD v. JALI A RAHMAN
INDUSTRIAL COURT, KUALA LUMPUR
DISMISSAL: Misconduct - Swiping co-employee’s attendance card
- Both employees having identical clock-in and clock-out times - Whether misconduct proved
- Whether punishment of dismissal harsh - Whether unlawful to swipe someone else’s
card - Whether dismissal with just cause or excuse
AWARD NO. 1397 OF 2004 [CASE NO: 11/4-962/00]
UNILEVER
(MALAYSIA) HOLDINGS SDN BHD v. LEE CHAI PENG & ANOR
ZURA YAHYA
DISMISSAL: Performance - Poor performance - Allegation of -
Whether proved - Whether claimant duly informed of unsatisfactory performance - Whether
claimant had signed on the company’s review reports - Whether claimant accorded
sufficient opportunity to improve - Whether dismissal unjust
AWARD NO. 1264 OF 2004 [CASE NO: 4/4-958/01]
NESTLE
PRODUCTS SDN BHD v. MUSTAPHA KAMAL ABD LATIF
AMELIA TEE HONG GEOK ABDULLAH
DISMISSAL: Probationer - Poor performance - Customers’
complaints - Whether proved - Whether claimant lacked discipline - Claimant employed in
managerial position - Whether need for written warning before dismissal on ground of poor
performance - Hartalega Sdn Bhd. v. Shamsul Hisham Mohd. Aini - Whether verbal warnings
sufficient - Opportunity for improvement - Whether much less apparent in claimant’s
case - Whether formal appraisal needed - Whether just dismissal
AWARD NO. 1057 OF 2004 [CASE NO: 14/4-919/01]
UKIRKACHA
SDN BHD v. NORHISHAM SEYAJAH
SOO AI LIN
DISMISSAL: Redundancy - Company’s poor financial performance
- Whether substantiated - Whether claimant’s job functions redundant - Claimant
dismissed barely two weeks after signing new contract of service - Whether mala fide
established - Whether dismissal justified
AWARD NO. 1203 OF 2004 [CASE NO: 9(10)18(9)/4-732/01]
FEDERAL
PAINT FACTORY SDN BHD v. OOI SWEE GIOK
FRANKLIN GOONTING
DISMISSAL: Retirement - Retirement clause - Whether there was a
retirement clause in letter of appointment - Whether claimant could plead ignorance of
company policy - Whether claimant could work ‘for as long as he is able to’ -
Whether retirement clause could be implied into contract of employment - Whether issue of
unfair dismissal irrelevant
AWARD NO. 1459 OF 2004 [CASE NO: 7/4-181/02]
KEE
HUAT INDUSTRIES BHD v. TUNG AH CHAI
SYED AHMAD RADZI SYED OMAR
DISMISSAL: Retrenchment - Redundancy - Company has no ongoing
building projects - Cost cutting exercise undertaken - LIFO principle - Whether services
of claimant had become surplus - Whether dismissal with just cause and excuse
AWARD NO. 1316 OF 2004 [CASE NO: 6/4-232/01]
MOEM
SDN BHD v. YAP FONG FAI
SITI SALEHA ABU BAKAR
DISMISSAL: Retrenchment - Redundancy - Economic slowdown
necessitating downsizing of workforce - Failure of companies to produce own profit and
loss account - Whether true financial position had been shown - Whether subsidiary
companies allowed to rely on accounts of holding company in order to corroborate own
financial position - Consideration of separate legal entity status between holding company
and subsidiary companies to reject reliance on holding company’s financial documents
- Whether retrenchment justified
AWARD NO. 910 OF 2004 [CASE NOS: 14/4-351/00 & 14/4-392/00]
ARAB
MALAYSIAN MANAGEMENT SERVICES SDN BHD v. SHAHRUDDIN IBRAHIM & ANOR & ANOR CASE
SOO AI LIN
DISMISSAL: Retrenchment - Redundancy - Whether claimant’s
post had become redundant - Whether workload had diminished - Whether company was
justified in retrenching staff to alleviate its losses - Whether retrenchment bona fide
AWARD NO. 1751 OF 2004 [CASE NO: 21/4-722/98]
RAVI
KR MENN V. UNIVERSAL CONCRETE PRODUCTS BHD & ORS
SUSILA SITHAMPARAM
DISMISSAL: Termination of services - Qualification - Claimant
lacking qualification professedly possessed during interview for employment -
Whether claimant competent to carry out duties - Whether amounted to fundamental breach to
contract of service - Whether just dismissal
AWARD NO. 1169 OF 2004 [CASE NO: 10/4-409/02]
SERAMPAI
ISTIMEWA SDN BHD v. WONG KING SIM
CHOONG SIEW KHIM
DOMESTIC INQUIRY: Procedural impropriety - Company’s refusal
to provide transcripts of inquiry - Whether company reserved the right to do so - Whether
amounts to a fundamental breach of contract of employment
AWARD NO. 1257 OF 2004 [CASE NO: 19/4-1026/02]
CMCM
PERNIAGAAN MALAYSIA SDN BHD v. ONG SU PING
AHMADI ASNAWI
EVIDENCE: Adverse inference - Non production of profit and loss
account to justify retrenchment - Whether there was withholding of vital evidence on part
of companies - Whether s. 114(g), Evidence Act 1050 ought to apply
AWARD NO. 910 OF 2004 [CASE NOS: 14/4-351/00 & 14/4-392/00]
ARAB
MALAYSIAN MANAGEMENT SERVICES SDN BHD v. SHAHRUDDIN IBRAHIM & ANOR & ANOR CASE
SOO AI LIN
EVIDENCE: Burden of proof - Onus - Employee dismissed on basis of
alleged criminal offence - Whether court required to be satisfied beyond reasonable doubt
that such offence was committed - Whether standard of prove applicable was on balance of
probabilities
AWARD NO. 1032 OF 2004 [CASE NO: 3/4-879/99]
AMANAH
SAHAM NASIONAL BHD v. ABDUL WAHID ABDUL MAJID & YANG LAIN
MOHD NOOR YAHYA
INDUSTRIAL COURT: Procedure - Domestic Inquiry - Application for
court to try validity of domestic inquiry as a perliminary issue - Whether court to only
hear case de novo if dometic inquiry held to be invalid - Whether application allowed
AWARD NO. 1404 OF 2004 [CASE NO: 19/4-120/03]
BUMIPUTRA-COMMERCE
BANK BHD v. SARJIT KAUR BAKSHISH SINGH
AHMADI ASNAWI
INDUSTRIAL COURT: Procedure - Jurisdiction - Instances when a
provision in collective agreement or statute needs to be interpreted
- Whether parties must make application under s. 33, Industrial Relations Act 1967
instead- Whether matter also falls under s. 26, Industrial Relations Act 1967 - Parties to
decide which is the more appropriate and strategic approach - Whether court has
jurisdiction to hear complaint
AWARD NO. 1555 OF 2004 [CASE NO: 12/1-590/04]
LADANG
PERBADANAN - FIMA BHD v. ALL MALAYAN ESTATES STAFF UNION, THE
YEOH WEE SIAM, EMPLOYERS’ PANEL: MOHAMAD HUSSAIN KAPAL MARICAN, EMPLOYEES’
PANEL: PHUA BOK MENG
INDUSTRIAL COURT: Procedure - Jurisdiction - Whether court has
jurisdiction to hear the case
AWARD NO. 1273 OF 2004 [CASE NO: 1/3-418/2001]
POS
MALAYSIA BHD v. KESATUAN KAKITANGAN PERKERANIAN POS MALAYSIA BHD, SARAWAK
YUSSOF AHMAD, EMPLOYER’S PANEL: LEE ENG SEONG, EMPLOYEE’S PANEL: DOMINIC
CH’NG YUNG TED
INDUSTRIAL COURT: Procedure - Trial - Application for
reinstatement - Whether claimant had good grounds to reinstate case - Whether there had
been undue delay - Power of court to order reinstatement - Bank Pusat Kerjasama Bhd (In
Receivership) v. Mahkamah Perusahaan Malaysia & Anor
AWARD NO. 1107 OF 2004 [CASE NO: 12/4-635/03]
TERAMAJU
SDN BHD v. MOHAMMAD KHAIRUL ANUAR CHAI ABDUL AMIN
YEOH WEE SIAM
INDUSTRIAL COURT: Remedies - Reinstatement - Whether claimant
ought to be present at company within sixty (60) days from date of award
AWARD NO. 1203 OF 2004 [CASE NO: 9(10)18(9)/4-732/01]
FEDERAL
PAINT FACTORY SDN BHD v. OOI SWEE GIOK
FRANKLIN GOONTING
INDUSTRIAL RELATIONS: Dismissal - Resignation - Claimant contended
non est factum for resignation letter - Claimant claimed resignation letter was a forgery
- Whether there was dismissal or resignation
AWARD NO. 1070 OF 2004 [CASE NO: 15/4-966/01]
GUOY
CONSULTANCY SDN BHD v. LEO ALBERT ESPECKERMAN
N RAJASEGARAN
INDUSTRIAL RELATIONS: Dismissal - Status of employment - No letter
of dismissal given by company - No letter of employment - Claimant only worked one week
before alleged dismissal - Whether there was dismissal
AWARD NO. 1086 OF 2004 [CASE NO: 3/4-657/01]
BONA
GAINS SDN BHD v. KHOO THIAN WAH
MOHD NOOR YAHYA
INDUSTRIAL RELATIONS: Employee status - Probationer - A workman
within meaning of Industrial Relations Act,1967 - Whether services may be terminated
without just cause or excuse - Distinction between probationer and confirmed employee -
Whether accorded same status, rights or privileges as permanent employee - Whether may be
removed as long as reasonably found not suitable for job AWARD NO. 1057 OF 2004 [CASE
NO: 14/4-919/01]
UKIRKACHA
SDN BHD v. NORHISHAM SEYAJAH
SOO AI LIN
NON COMPLIANCE: Collective agreement - Terms and conditions of
service - Art. 14 (on existing benefit) - Whether right to purchase company’s car at
discount an existing benefit protected by art. 14 of the collective agreement - Whether
due compliance to order
AWARD NO. 1061 OF 2004 [CASE NO: 1/1-378/2003]
KOPERASI
POLIS DIRAJA MALAYSIA BHD v. KESATUAN PEKERJA-PEKERJA KOPERASI POLIS DIRAJA MALAYSIA BHD
YUSSOF AHMAD, EMPLOYER’S PANEL: MD YOUSOFF NOOR MOHAMED, EMPLOYEE’S PANEL: AJ
PATRICK
PEMBUANGAN KERJA: Pengantaraan - Penyelesaian damai
AWARD NO. 1426 TAHUN 2004 [NO. KES: 18/4-1121/04]
DISTED
STAMFORD COLLEGE lwn. SHARLA DEVI KUMARASAMY
SITI KHADIJAH SHEIKH HASSAN, Bagi pihak syarikat - LT Chia & Siti Azlin Amir Hasan;
T/n Lee & Hishammuddin Bagi pihak yang menuntut - Navin Kaur Jessy; T/n Jessy &
Assocs
PERTIKAIAN PERDAGANGAN: Perjanjian bersama - Syarat dan terma
perkhidmatan - Award persetujuan
AWARD NO. 1044 OF 2004 [NO. KES: 11/2-300/03]
BRIGHT
OCEAN SDN BHD & ORS lwn. KESATUAN PEKERJA-PEKERJA PEMBEKAL-PEMBEKAL PERKHIDMATAN
SAMPINGAN PELABUHAN, PELABUHAN KLANG
ZURA YAHYA
TRADE DISPUTE: Collective agreement - Terms and conditions of
service - Disputed Articles - Article 11 (Shift Allowance) - Article 20 (Prolonged
Illness) - Provisions of Articles 11 and 20 in accordance with national standards -
Article 11 and 20 ordered to be part of terms and conditions of collective agreement
AWARD NO. 1176 OF 2004 [CASE NO: 6/2-293/03]
KILANG
SAWIT PANJI ALAM SDN BHD v. KESATUAN KEBANGSAAN PEKERJA-PEKERJA LADANG
SITI SALEHA ABU BAKAR, EMPLOYER’S PANEL: FONG CHEE LOO, EMPLOYEE’S PANEL:
BRABAKARUN KUNJOO
CASE OF THE WEEK
INSTITUT SENI LUKIS SABAH v. LEE NEE PING
INDUSTRIAL COURT: Jurisdiction - Threshold jurisdiction - Whether threshold jurisdiction of Industrial Court could be challenged without joining the Minister - Whether reference by Minister clothes court with jurisdiction - Whether question as to whether claimant is a workman under Industrial Relations Act 1967 ought to have been raised through pleading in statement in reply
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