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INDUSTRIAL COURT PENANG
EILEEN TAN SZE WEY – Appellant
Versus
DELL GLOBAL BUSINESS CENTRE SDN BHD – Respondent
| Table of Content |
|---|
| 1. claimant's dismissal involved allegations of misconduct. (Para 1 , 2 , 3 , 4) |
| 2. allegations of misconduct by employee were presented. (Para 5 , 9 , 10) |
| 3. function of the court in confirming just cause for dismissal. (Para 12 , 13 , 14) |
| 4. analysis of evidence required to prove misconduct. (Para 15 , 16 , 19 , 20) |
| 5. burden of proof lies with the employer. (Para 18) |
| 6. court acts in equity while deciding unjustified dismissal claims. (Para 53 , 54) |
| 7. conclusion on reinstatement and payment of back wages. (Para 56 , 57) |
Reference
[1] This is a reference made under s 20(3) of the Industrial Relations Act 1967 (the Act) by the Minister of Human Resources arising out of the dismissal of EILEEN TAN SZE WEY (hereinafter referred to as "the Claimant") by DELL GLOBAL BUSINESS CENTRE SDN BHD (hereinafter referred to as "the Respondent") on 30 March 2018.
[2] The Ministerial reference in this case required the Court to hear and determine the Claimant's complaint of dismissal by the Respondent on 30 March 2018.
Facts
[3] The Claimant was employed as an Inside Sales Account Manager II (B2) - by the Respondent with effect from 12 July 2006. (CLB1 p 25-30) The Claimant
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