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Cases

MARITIME INTELLIGENCE SDN BHD v. TAN AH GEK
Federal Court, Putrajaya
Rohana Yusuf PCA, Nallini Pathmanathan, Harmindar Singh Dhaliwal FCJJ
[Civil Appeal No: 02(f)-60-10-2020(J)]
22 October 2021
[2022] 1 MLRA 56

JUDGMENT

Nallini Pathmanathan FCJ:

Introduction

[1] The appeal before us turns on one aspect of unfair dismissal law. In this jurisdiction, the remedy for unfair dismissal is codified, inter alia, in s 20 of the Industrial Relations Act 1967 ('the Act'). The focal point of the appeal turns on whether the Industrial Court, in the exercise of its statutory function to adjudicate on a representation of dismissal without just cause or excuse under s 20 of the Act, may consider matters or issues which did not comprise basis/reason for the dismissal when the employer made the decision to dismiss, but which the employer seeks to put forward post-dismissal, in the Industrial Court, to justify its earlier decision to dismiss the workman.

[2] This issue is of significance as it touches on the scope and ambit of:

(a) The Industrial Court's powers and jurisdiction under s 20; and

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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