TAN CHENG LENG vs EPSILON MANAGEMENT SDN BHD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 MarsdenLR 1794

INDUSTRIAL COURT KUALA LUMPUR
TAN CHENG LENG – Appellant
Versus
EPSILON MANAGEMENT SDN BHD – Respondent

Petitioner Advocates:,Respondent Advocate: Elaine Foong Hui Ling,Amos Ong Weng Mun

Table of Content
1. reference and jurisdiction of the industrial court (Para 1 , 2 , 3)
2. considerations for the award (Para 4 , 5)
3. claimant's allegations and remedies sought (Para 6 , 7 , 8)
4. company's defense and claims against the claimant (Para 9 , 10)
5. burden of proof in dismissal cases (Para 11 , 12 , 13 , 14)
6. court's analysis of evidence and standards (Para 15 , 16 , 17)
7. court's findings on claimant's dishonesty (Para 18)

Nur Fauzah Mokhtar:

Reference

[1] This is a reference from the Director General for Industrial Relations to the Industrial Court of Malaysia under s 20(3) of the Industrial Relations Act 1967 [Act 177] in respect of the dismissal of Tan Cheng Leng ("the Claimant") by Epsilon Management Sdn Bhd ("the Company") on 8 October 2021.

[2] This case was previously tried and concluded by the former Chairman of Court 20, Yang Arif Puan Rajeswari Karupiah who had since retired from the Industrial Court. This case has now been transferred to this Court and I have been requested to prepare and deliver the Award for this case.

[3] Subsection 23 (6) of Act 177 provides that during the absence of or inability to act from illness or any other cause by the Chairman, the

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2023 MarsdenLR 1794

INDUSTRIAL COURT KUALA LUMPURTAN CHENG LENG – AppellantVersusEPSILON MANAGEMENT SDN BHD – Respondent

Cases Referred (7)

INDUSTRIAL COURT KUALA LUMPUR
TAN CHENG LENG – Appellant
Versus
EPSILON MANAGEMENT SDN BHD – Respondent