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1967 MarsdenLR 332

RAJA AZLAN SHAH
MENON – Appellant
Versus
THE BROOKLANDS (SELANGOR) RUBBER COMPANY LTD – Respondent


Advocates:
For the plaintiff - Dato S.P. Seenivasagam; S. Seenivasagam & Sons: M/s. Shearn,Delamore & Co. For the defendants - R. Khoo

JUDGMENT

Raja Azlan Shah J:

The plaintiff claims damages against the defendants for wrongful dismissal. He contends that the dismissal without sufficient reason and without proper notice is wrongful and actionable. The ground of dismissal which is alleged against him in the pleading is misconduct, which in the particulars enumerated in para. 4 thereof consisted of wilful disobedience to the lawful and reasonable orders of the defendants in the course of employment and insolence to the defendants' assistant manager in the course of the said employment. Upon the pleadings which I have stated two material contentions were raised on behalf of the plaintiff. Whether the facts justify summary dismissal; if not, was there proper notice for such dismissal.

It is well-established law that wilful disobedience of a lawful and reasonable order of the employer will justify, summary dismissal. It is also axiomatic that one act of disobedience or misconduct can justify instant dismissal if it is of a nature which goes to show that the servant is repudiating the contract or one of its essential conditions: see Laws v. London Chronicle (Indicator Newspapers) Ltd. [1959] 2 All ER 285, 287, 288. Thi

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