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2010 MarsdenLR 1648

FEDERAL COURT PUTRAJAYA
RANJIT KAUR S GOPAL SINGH – Appellant
Versus
HOTEL EXCELSIOR (M) SDN BHD – Respondent


Petitioner Advocates:Ambiga Sreenevasan,Shireen Selvaratnam ,Respondent Advocate: N Sivabalah,Suganthi Singam

Table of Content
1. employee's conduct leading to dismissal. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8)
2. judicial review of the industrial court's decision. (Para 10 , 11)
3. function of courts in judicial review. (Para 12 , 13 , 14)
4. rama chandran's impact on judicial review. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21)
5. errors in industrial court proceedings. (Para 22 , 23 , 24)
6. importance of pleadings in the industrial court. (Para 26 , 27 , 28 , 29 , 30 , 31)
7. final rulings on judicial review and pleadings. (Para 32)
Raus Sharif FCJ:

[1] This is an appeal filed by the appellant against the decision of the Court of Appeal on 17 September 2008 which upheld the decision of the High Court in quashing the award of the Industrial Court dated 29 September 2001.

Background Facts

[2] The relevant facts are as follows The appellant commenced employment with Hotel Excelsior (M) Sdn Bhd ("the respondent") on 28 September 1983 as a junior receptionist. On 27 August 1984, she was promoted as a senior receptionist and subsequently as Front Office Executive with effect from 16 May 1991.

[3] On 1 March 1997, the appellant was transferred to the Food & Beverage (F&B) Department as an executive. The appellant pr

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