Tesco employee unfairly dismissed
TETUAN KHANA & CO v. SALING LAU BEE CHIANG & ORS AND OTHER APPEALS; MALAYAN BANKING BHD (INTERVENER)
COURT OF APPEAL, PUTRAJAYA
IDRUS HARUN JCA; HASNAH MOHAMMED HASHIM JCA;
YEOH WEE SIAM JCA
[CIVIL APPEALS NO: J-02(W)-219-02-2017, J-02(W)-220-02-2017, J-02(W)-221-02-2017, J-02(W)-224-02-2017, J-02(W)-225-02-2017, J-02(W)-226-02-2017, J-02(W)-227-02-2017 & J-02(W)-228-02-2017]
22 JANUARY 2019
(Trusts; Civil Procedure - Duties - Fiduciary duty - Breach by trustees - Failure by trustees to account for losses - Whether trustees liable for losses suffered by Trust - Receiver and manager - Whether empowered to institute any legal proceedings - Judgments - Grounds of judgment - Whether decision based on evidence adequately found and on law - Application to impugn judgment by intervener - Whether judgment concerned intervener - Whether exemplary damages unconnected with substance of appeal - Whether fatally flawed)
TETUAN KHANA & CO v. SALING LAU BEE CHIANG & OTHER APPEALS  3 CLJ 1
- TETUAN KHANA & CO v. SALING LAU BEE CHIANG & ORS AND OTHER APPEALS  1 CLJ 501
KAMIL AZMAN ABDUL RAZAK & ORS v. AMANAH RAYA BHD & ORS  6 CLJ 419
FEDERAL COURT, PUTRAJAYA
RAMLY ALI FCJ, ZAHARAH IBRAHIM FCJ, ALIZATUL KHAIR OSMAN FCJ,
ROHANA YUSUF FCJ, MOHD ZAWAWI SALLEH FCJ
[CIVIL APPEAL NO: 02(f)-110-10-2017(W)]
30 APRIL 2019
CIVIL PROCEDURE: Judgments and orders – Consent judgment – Performance of clauses – Whether performance of one condition subject to pre-condition – Whether court entitled to release one party of its obligation without releasing other party – Whether ss. 53 and 55 of Contracts Act 1950 applicable
CIVIL PROCEDURE: Judgments and orders – Consent judgment – Variation, setting aside or nullifying valid consent order – Payment of loan facilities – Claim for – Whether there was pre-condition to repayment of loan sums – Whether repayment of loans conditional upon parties entering into joint venture agreement – One party refuses to perform an agreement – Whether counter party may treat himself as discharged – Whether obligation of one party under a clause could be discharged on good reasons – Whether court could release one party from performing a clause of consent judgment – Whether court could set aside or nullify part of valid consent order
TRUSTS: Constructive trust – Property – Purchase of – Property purchased for sole purpose of joint venture – Non-materialisation of joint venture – Whether property purchased held in constructive trust for both parties – Claim for refund of purchase consideration – Whether parties ordered to make refunds of purchase consideration – Whether principles of constructive trust applicable
Supermarket worker was unfairly dismissed over inappropriate messages to 17-year-old colleague
Tesco employee unfairly dismissedA supermarket worker was unfairly dismissed after managers carried out a flawed investigation into ‘inappropriate’ messages he sent to a 17-year-old colleague, a Scottish tribunal has ruled. The Dundee tribunal said various Tesco managers failed to carry out a fair investigation into comments the worker, who was referred to as S in court documents, made towards a younger co-worker on Facebook, as well as a subsequent comment made in person. S was 39 at the time.
June’s top five employment law cases
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Caster Semenya able to run medication-free for now as Swiss court floors IAAF
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As privacy is lost a fingerprint at a time, a biometric rebel asserts our rights
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Why forcing an employee to resign won’t protect you from unfair dismissal
AUSTRALIAEmploymentNegotiated resignation won't always protect employer from subsequent claims of unfair dismissalThe way in which an employee’s employment is finalised could have a significant bearing on that employee’s entitlement to make certain claims, such as unfair dismissal. When faced with claims of unfair dismissal, one of the jurisdictional objections available is that the termination was not at the initiative of the employer (i.e. the employee resigned). The question of the employer’s initiative becomes murky where the resignation is given in response to the employer saying – “You should resign. We are going to fire you if you don’t.”
CASE(S) OF THE WEEK