CHING SUET YEEN v. LEPCON TOOLS (M) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
PARAMALINGAM J DORAISAMY
AWARD NO. 1 OF 2024 [CASE NO: 22-4-396-23]
2 JANUARY 2024
[2024] CLJ JT (2)

Abstract – Even though the general practice of the Industrial Court is not to award costs unless in exceptional cases, proactive measures must be taken to deter serial vexatious litigants by awarding costs against such litigants. Litigants should not be allowed to abuse the forum presented by the Industrial Court, to air their grievances on employment issues, in order to make personal financial gains by serially hauling up their employers to court. The case at hand nonetheless warranted the order of costs against the claimant. The claimant, a serial vexatious litigant with a habit of bringing claims against her former employers, was ordered to pay costs to the respondent, pursuant to reg. 5 of the Industrial Relations Regulations 1967.

LABOUR LAW: Employment – Dismissal – Probationer – Probationer performed poorly, exhibited bad attitude and provided false employment history – Probationer failed to improve despite being given opportunity – Probationer not confirmed in employment and later terminated – Whether dismissal capricious or arbitrary

CIVIL PROCEDURE: Costs – Award – Claimant performed poorly, exhibited bad attitude and provided false employment history – Claimant failed to improve despite being given opportunity – Claimant not confirmed in employment and later terminated – Discovery that claimant serial vexatious litigant with habit of bringing unfair dismissal claims against former employers – Whether claimant engineered move to get sacked from employment – Whether costs ought to be ordered against claimant – General practice of Industrial Court in awarding costs – Industrial Relations Regulations 1967, reg. 5