SYLVIA TAN SIOK ENG vs MALAYSIAN AIRLINE SYSTEM BERHAD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 MarsdenLR 349

INDUSTRIAL COURT MIRI
SYLVIA TAN SIOK ENG – Appellant
Versus
MALAYSIAN AIRLINE SYSTEM BERHAD – Respondent

Table of Content
1. reference under s 20 of the act. (Para 1 , 2)
2. the claimant's employment and allegations of misconduct. (Para 3 , 4 , 5 , 7 , 8)
3. witnesses’ testimonies regarding the charges against the claimant. (Para 10 , 11 , 12)
4. court's findings on the clarity and validity of the charges. (Para 16 , 17 , 18 , 22)
5. conclusion on the dismissal and subsequent award. (Para 39 , 40 , 42)

Gulam Muhiaddeen Abdul Aziz:

[1] This is a reference made under s 20(3) of the Industrial Relations Act 1967 arising out of the dismissal of Sylvia Tan Siok Eng ("the Claimant") by Malaysian Airline System Berhad ("the Company") on 10 November 2008. The reference was dated 26 January 2010 and was received by the Court on 8 April 2010.

Background

[2] The Claimant's case was heard before former Chairman YA Tuan Gabriel Gumis of another division (Court 8) from 29 September 2011 until 3 December 2012. The former Chairman was elevated to the High Court as the Judicial Commissioner on 10 April 2015. The Honourable President of the Industrial Court then directed that this case be transferred to this division (Court 12) on 25 May 2015 for the handing down the Award.

Brief Facts Of The Case

[3] This is a

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2015 MarsdenLR 349

INDUSTRIAL COURT MIRISYLVIA TAN SIOK ENG – AppellantVersusMALAYSIAN AIRLINE SYSTEM BERHAD – Respondent

Cases Referred (3)

INDUSTRIAL COURT MIRI
SYLVIA TAN SIOK ENG – Appellant
Versus
MALAYSIAN AIRLINE SYSTEM BERHAD – Respondent