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Cases

LEE PEI SZE v. SWIFTLET GARDEN SDN BHD
Industrial Court, Johor
Duncan Sikodol
Award No: 167 Of 2017 [Case No: 16/4-664/16]
23 January 2017
[2017] 1 MELR 482

AWARD

Duncan Sikodol:

Brief Background Facts

[1] The claimant joined the company as a probationer on 9 March 2015 holding the position of Accounts Executive. On 16 October 2015, the claimant received a termination letter from the company terminating her service, without giving any reasons. At the time of dismissal, her last drawn salary was RM3,000.00.

[2] The claimant now contends that her dismissal by the company was without just cause or excuse. She therefore seeks to be reinstated to her former position or be given compensation in lieu of reinstatement.

[3] The company in its reply however states that the company has the right to terminate the claimant's employment and that the claimant has acknowledged receipt of RM4,500.00 being payment in lieu of one month notice.

The Law

[4] In the often cited case of Milan Auto Sdn Bhd v. Wong Seh Yen [1994] 2 MLRH 592; [1994] 2 MLJ 135, the duty of the Industrial Court in dismissal cases on a reference under s 20 was stated by His Lordship Mohd Azmi FCJ as follows:

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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