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INDUSTRIAL COURT KUALA LUMPUR
DAVID GERARD MOK CHEE KEONG – Appellant
Versus
DK-MY PROPERTIES SDN BHD – Respondent
| Table of Content |
|---|
| 1. employment contract and notice of termination. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. company's justification for termination. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 3. burden of proof and standard of proof. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 4. court's evaluation of termination validity. (Para 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38) |
| 5. termination was arbitrary and unjust. (Para 39 , 40) |
| 6. award of backwages as remedy. (Para 41 , 42 , 43 , 44) |
Reference
[1] This is a reference made under s 20(3) of the IRA 1967 ("the Act") arising out of the dismissal of DAVID GERARD MOK CHEE KEONG (hereinafter referred to as "the Claimant") by DK-MY PROPERTIES SDN BHD (hereinafter referred to as "the Company") on 16 June 2020.
Factual Matrix
[2] By a Letter of Appointment dated 6 September 2019, the Claimant was offered an employment with the Company with effect from 2 December 2019 as the Chief Financial Officer, reporting to the Managing Director.
[3] The Letter of Employment inter-alia, stipulated that the Claimant was entitled to the following remunerations:
Basic salary: RM24,000.00 per month
Car allowance: R
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