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INDUSTRIAL COURT KUALA LUMPUR
KUSNAMUTI APPALNAIDU & ANOR – Appellant
Versus
BABA PRODUCTS (M) SDN BHD – Respondent
| Table of Content |
|---|
| 1. employment terms and termination details (Para 1 , 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. court's approach to dismissals and burden of proof (Para 9 , 10 , 11) |
| 3. determining nature of employment contracts (Para 13 , 14 , 15 , 16 , 17 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. court's finding of termination without just cause (Para 26 , 27 , 36) |
| 5. remedy and compensation for unfair dismissal (Para 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45) |
| 6. final order for compensation awarded (Para 46) |
[1] This matter was referred to the Industrial Court through a reference ordered by the Honourable Minister of Human Resources dated 6 July 2010 and duly received by the Court on 24 August 2010.
The Brief Facts
[2] The 1st and 2nd Claimant's commenced employment with the Company by way of a Fixed Term Contract (FTC) for 2 years.
[3] The Company had renewed the 1st Claimant's initial FTC without fail and/or repeatedly since 20 December 1992 until the dismissal date. The last FTC offered by the Company to the 1st Claimant was for 2 years commencing from 1 January 2008 to 31 December 2009.
[4] The Company had renewed the 2nd Claimant's initial FTC without fail and/or repeatedly since 1 March 1998 until
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