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INDUSTRIAL COURT KUALA LUMPUR
LIM KA LEONG – Appellant
Versus
LAKEFRONT RESIDENCE SDN BHD & OTHER CASES – Respondent
| Table of Content |
|---|
| 1. reference and parties involved in retrenchment cases. (Para 1 , 2 , 3) |
| 2. procedural background and witness testimonies. (Para 4 , 5 , 6 , 7) |
| 3. dispute over retrenchment and business reorganization. (Para 8 , 9 , 10) |
| 4. arguments from the company and claimants regarding retrenchment. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 5. role and standard of proof in industrial court. (Para 19 , 20 , 21) |
| 6. principles governing retrenchment and redundancy. (Para 22 , 23 , 24 , 25 , 26) |
| 7. court's observations on retrenchment justification. (Para 29 , 30 , 31 , 32 , 39 , 40) |
| 8. final conclusions on the legality of retrenchment. (Para 46 , 66 , 72 , 73) |
[1] This is a reference by Honourable Minister of Human Resources under s 20(3) of the Industrial Relation Act 1967 dated 17 March 2021 to the Industrial Court in order for complaints of terminations be heard and an Award be handed down in respect of dismissals by way of retrenchment by the company against the claimants; the parties of which are briefly described as follows:
The Claimants
[2] There are three claimants in these consolidated cases and heard together. The representation for Lim Kar Leong took a sudden change when on t
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