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2022 MarsdenLR 12

HIGH COURT MALAYA KUALA LUMPUR
ASHVINE HARI KRISHNAN – Appellant
Versus
7 ELEVEN MALAYSIA SDN BHD – Respondent


JUDGMENT

Akhtar Tahir J:

Introduction

[1] The Defendant applied to strike out the Plaintiff's claim for damages for wrongful termination of service against the Defendant. The Defendant's application was made in pursuant of O 18 r 19 of the Rules of 2012 ("the Rules")

Brief Facts

[2] The Plaintiff was a former employee of the Defendant whereby by virtue of an agreement signed between the Plaintiff and the Defendant on 19 October 2019, the Plaintiff was appointed as a senior manager at the human resource division of the Defendant.

[3] The Plaintiff's claim basically is aimed at the General Manager in the Human Resource Department by the name of Liew Kian Meng who had persistently harassed and insulted the Plaintiff to an extent that the Plaintiff was pressurized into quitting her job on 3 May 2021.

[4] The Plaintiff also contended that the Defendant as a company was negligent in allowing the said general manager to create an unconducive atmosphere at the workplace and to monitor the activities at the workplace.

[5] The Plaintiff alleges further that the Defendant has breached the contract of service resulting the Plaintiff from suffering various losses including loss of salary and causing


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