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INDUSTRIAL COURT, KOTA KINABALU, SABAH
APASNIAGA SDN BHD & ANOR – Appellant
Versus
KAH CHI TSI – Respondent
| Table of Content |
|---|
| 1. background facts of the case (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. application of legal doctrines: res judicata and estoppel (Para 9 , 10 , 11 , 16) |
| 3. jurisdictional issues regarding civil claims and industrial court (Para 12 , 13 , 14 , 15) |
| 4. differentiation of court powers and jurisdiction (Para 17 , 18 , 19 , 20 , 21) |
| 5. implications of prior claims on current proceedings (Para 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 6. clarification of remedies available in different courts (Para 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 7. public interest in finality of litigation (Para 36 , 37 , 38) |
| 8. questions of law referred to the high court (Para 39) |
[1] This is an application in Form U for questions of law to be referred to the High Court arising from an award which was handed down by the Industrial Court whereby an application by the applicants/companies to strike out case 17/4-627/09 was dismissed vide Award No 1428 of 2011.
[2] The respondent/claimant had lodged a complaint with the Director General of Industrial Relations pursuant to s 20(1), Industrial Relations Act 1967 (hereinafter referred to as "the said Act") alleging that he had been dismissed without just cause or excuse. Th
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