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INDUSTRIAL COURT KUALA LUMPUR
LAI PHUI PHUI – Appellant
Versus
ID NETWORK SDN BHD – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3 , 4 , 5) |
| 2. chairperson's role and continuity of proceedings. (Para 6 , 7 , 8) |
| 3. burden of proof in unjust dismissal cases. (Para 9 , 10 , 11) |
| 4. assessment of dismissal legality. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 5. existence of verbal agreements and their implications. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 6. behavioral issues and their impact on dismissal. (Para 31 , 32 , 33 , 34 , 35 , 36 , 37) |
| 7. application of the doctrine of proportionality. (Para 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45) |
| 8. remedies and final award. (Para 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58) |
Reference
[1] This is a reference dated 29 January 2021 made by the Minister of Human Resources pursuant to subsection 20(3) of the Industrial Relations Act 1967 [Act 177] arising out of the dismissal of Lai Phui Phui ("the Claimant") by ID Network Sdn Bhd ("the Company") on 22 May 2020.
Brief Facts
[2] The Claimant was appointed as an Interior Designer by the Company on 22 July 1995 via a letter dated 1 July 1995. The Claimant was terminated via a letter dated 22 May 2020 with im
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