SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2018 MarsdenLR 2118

INDUSTRIAL COURT KUALA LUMPUR
TAN FUI SIM – Appellant
Versus
NYLEX (MALAYSIA) BERHAD – Respondent


Petitioner Advocates:Sumita Gnanarajah,Nur Alwani Mohd Zulhairi ,Respondent Advocate: T Siva Subramaniam

Table of Content
1. court found the dismissal was justified based on prevailing business circumstances. (Para 20 , 35)
2. claimant's retrenchment was validated by company financial decline. (Para 21)

[20] The Court will now have to scrutinize and analyse the reasons that led to the dismissal of the Claimant as stated in the retrenchment notice dated 29 April 2009 by the Company which has been reproduced earlier in the Award. The main reasons stated by the Company are that;

"Following our announcement on 13 April 2009, the restructuring and reorganisation of the Company's overall operations has resulted in certain positions being surplus to the requirement. We regret to inform you that your position as Senior Manager - FCF Export in the Export Department has become redundant."

[21] The crux issue that arose for the Court to deliberate and determine is whether the Claimant's service has become surplus to the requirements of the Company's business and thus creating a redundancy situation.

[22] The Company's Divisional Head for the Polymer Division, Eric Chan Hean Chin ("COW-6") stated in the evidence that the Company's sales started to decline in the year 2008 in the sales of FCF products a

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top