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SANBOS (MALAYSIA) SDN BHD v. GAN SOON HUAT
Court of Appeal, Putrajaya
Abdul Karim Abdul Jalil, Nor Bee Ariffin, Ravinthran Paramaguru JJCA
[Civil Appeal No: W-01(A)-665-11-2019]
15 March 2021
[2021] 5 MLRA 133

JUDGMENT

Ravinthran Paramaguru JCA:

Introduction

[1] This is an appeal against the decision of the High Court that allowed a judicial review application in favour of an employee who failed get relief before the Industrial Court. Before us, only two main issues were argued, ie whether the Industrial Court had substantive jurisdiction in view of the fact that reinstatement was not pleaded and whether the employee was constructively dismissed.

Background Facts

[2] The respondent worked as a sales representative with the appellant since 1977. His duties included sales, distribution, promotion, debt collection and merchandising in relation to the product of his employer which is liquor and spirits. He was also assigned a sales coverage area. He was paid a monthly salary. He was also paid a commission as is the norm with regard to sales representatives. The sales commission rate was based on a formula that took into account the revenue collected from sales and the time period within which it was collected. It was known as the Sales Commission Scheme. The respondent was given an annual increment of RM50 until 2007. Thereafter, his basic salary of RM2000 per month was not increased.

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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