Back
HIGH COURT MALAYA PULAU PINANG
TOKIO MARINE INSURANS (MALAYSIA) BERHAD – Appellant
Versus
TAN KOOI LUANG & ANOR – Respondent
| Table of Content |
|---|
| 1. application for judicial review. (Para 1 , 2 , 3) |
| 2. employment contract terms and transfer implications. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 40) |
| 3. background facts of employment and re-designation. (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 4. principles of constructive dismissal. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 5. employer's right to transfer employees. (Para 27 , 28 , 29 , 30 , 31 , 32) |
| 6. judicial review standards and findings. (Para 48 , 49 , 50 , 52) |
| 7. quashing of the industrial court's ruling. (Para 56 , 57 , 58 , 59) |
[1] This is an application for judicial review pursuant to O 53 Rules of 2012 to issue an order of Certiorari to quash the award of the Industrial Court by way of Award No 1519 of 2012 ("the 2012 Award"). In the 2012 Award the Industrial Court held that the First Respondent was constructively dismissed without just cause or excuse by the Applicant.
[2] I have deliberately described Award No 1519 of 2012 as the 2012 Award so as to distinguish it from an earlier award (Award No 1222 of 2010), which relates to the same matter and handed down in 2010 ("the 2010 Award"). The 2010 Award was quashed by the High Court and the case was remitted to
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
