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2018 MarsdenLR 2207
INDUSTRIAL COURT KUALA LUMPUR
KAM SENG EU – Appellant
Versus
OUD ESSENTIALS SDN BHD – Respondent
Award No: 3002 Of 2018 [Case No: 14/4-1153/18]
The dismissal was without just cause or excuse, requiring the employer to demonstrate redundancy which was not substantiated.
Headnote:In accordance with the Industrial Relations Act, 1967, the Claimant's dismissal by the Company was deemed without just cause or excuse due to failure to demonstrate redundancy. The Court determined the dismissal breached principles of natural justice, awarding the Claimant RM92,000.00 for back wages. The essential question of whether dismissal was justified was approached with emphasis on the Company’s burden of proof which remained unfulfilled. The Court finds the appeal merits a monetary award.
Result: The total sum of RM92,000.00 shall be paid by the Company to the Claimant.
| Table of Content |
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| 1. case background and initial proceedings. (Para 1 , 2 , 3) |
[1] This was a reference by the Honourable Minister of Human Resources pursuant to s 20(3) of the Industrial Relations Act, 1967 ("the Act") arising out of the dismissal of Kam Seng Eu (hereinafter referred to as "the Claimant") by OUD Essentials Sdn Bhd (hereinafter referred to as "the Company") on 29 December 2017.
Introduction
[2] The matter was heard by the previous Chairman of Court 14 and hearing was completed on the 3 September 2018. Claimant's Counsel, Mr David Kok of Messrs David Kok & Partners filed the Claimant's submission on 3 October 2018.
[3] The previous Chairman of Court 14 has been transferred from the Industrial Court to the Attorney General Chambers on the 18 September 2018. The learned President had instructed me to hand down the award. In doing so, I have perused all relevant documents, the pleadings, the notes of evidence recorded verbatim by the previous Chairman and the written submission filed by the claimant's Counsel. Accordingly, I shall now hand down the award for the case.
