HIGH COURT MALAYA KUALA LUMPUR
YUNIKU COSMETIC (M) SDN BHD – Appellant
Versus
YEONG YU LENG & ANOR – Respondent
| Table of Content |
|---|
| 1. appeal overview and case details. (Para 1 , 2 , 3) |
| 2. appellant's grounds for appeal. (Para 4) |
| 3. dgl's factual findings on employee status. (Para 5 , 6) |
| 4. correct application of s 69b of ea 1955. (Para 8 , 10 , 14) |
| 5. maternity rights under ea 1955. (Para 16 , 17 , 19 , 20) |
| 6. eligibility for maternity allowance. (Para 23 , 24 , 26) |
| 7. contract of service definition. (Para 28 , 29 , 30) |
| 8. employer-employee relationship confirmation. (Para 31 , 32 , 34) |
| 9. early termination of employment. (Para 37 , 38 , 39) |
| 10. dgl's consideration of evidence. (Para 43 , 44 , 46 , 47) |
| 11. affirmation of dgl’s decision. (Para 49) |
Introduction
[1] This is an appeal (Encl 1) by the Appellant against the decision of the learned Director General of Labour (DGL) dated 9 November 2022 whereby the Appellant was ordered to pay the Respondents the total sum of RM11,854.86.
[2] After the hearing, I dismissed the Appellant's appeal (Encl 1). The reasons for the decision are set down below.
Background Facts
[3] The background facts of this case can be summarized as follows:
3.1 The Respondents were both former employees of the Appellant. The First Respondent was employed by the App
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