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Cases

CHENG SHENG YOENG v. PRIMA STRUCTURE SDN BHD/PRIMA PANCA SDN BHD/REMBANG/PERKASA SDN BHD
Industrial Court, Kota Kinabalu
Duncan Sikodol
Award No: 705 of 2017 [Case No: 17/4-1303/15]
17 May 2017
[2017] 2 MELR 666

AWARD

Duncan Sikodol:

[1] The claimant in this case was a shareholder of the respondent's company. His claim before this court is that he was an employee of the company holding the position of Project Manager and had been dismissed by the company on the 28 January 2015 vide a letter dated 30 November 2015 without just cause or excuse.

[2] The company however, disputed the claimant's claim and contended that the claimant was never an "employee" but a shareholder of the company. The title given to the claimant as "Project Manager" was in terms of the responsibility as a partner/shareholder of the company and therefore any dispute against other shareholders is subject to the Companies Act and not under the Industrial Relations Act. Hence, the company argued that the claimant's claim should not be brought before this court as this court has no jurisdiction to hear this claim.

Witnesses

[3] The following witnesses testified at the hearing of this case:

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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