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HIGH COURT KUALA LUMPUR
BAX GLOBAL (MALAYSIA) SDN BHD – Appellant
Versus
SUKHDEV SINGH PRITAM SINGH & ANOR – Respondent
| Table of Content |
|---|
| 1. applicant seeks order to quash industrial court award. (Para 1 , 2 , 3 , 4) |
| 2. applicant argues industrial court erred in ruling. (Para 5 , 9 , 11) |
| 3. court outlines function and standards for judicial review. (Para 6 , 8 , 12 , 18) |
| 4. evaluation of redundancy vs. constructive dismissal. (Para 20 , 21 , 22 , 26 , 27) |
| 5. court identifies jurisdictional errors in award's compensation. (Para 28 , 29) |
[1] This is an application by the Applicant for an order for Certiorari to quash the Award of the Industrial Court dated 24.3.09 wherein the learned Chairman held that the 1st Respondent was constructively dismissed by the Applicant and awarded a total sum of RM252,000 as back wages and compensation in lieu of reinstatement.
Background Facts
[2] The 1st respondent was employed by the Applicant (Company) as a Senior Manager, Security & Risk Management vide a Letter of Offer dated 16.8.99. He was responsible for all aspects of security and risk management throughout Malaysia. He was later promoted to the position of General Manager of Facilities, Security & Risk Management effective 1.7.01. Due to reorganization exercise in the company, the position of t
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