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2025 MarsdenLR 2361

HIGH COURT SABAH & SARAWAK SRI AMAN
VERDE FM SDN BHD – Appellant
Versus
GINCHANG LUANG & ANOR – Respondent


Table of Content
1. background of employment and appeal. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. appellant's grounds for appeal. (Para 10 , 11 , 19 , 20 , 21)
3. court's findings on termination benefits. (Para 12 , 13 , 27 , 28 , 39)
4. relevant laws on termination of contracts. (Para 15 , 17 , 38)
5. final decision and order. (Para 40 , 42)
Faridz Gohim Abdullah J:

Introduction

[1] Both Respondents who were employed by the Appellant by Contracts for the purposes of the Appellant's "SC168 Package B4, Proposed Construction Highway from Proposed Batang Lupar Bridge No 2 at Sri Aman Town to Betong Interchange, Betong Division, Sarawak" project had commenced a formal complaint against the Appellant, Verde FM Sdn Bhd in the Department of Labour, Sarawak, after being terminated without any termination benefit paid by the Appellant.

[2] The claims by both Respondents were allowed by the Labour Court and Judgment was entered against the Appellant.

[3] The Appellant vide a Notice of Appeal dated 17 October 2024 appealed to the High Court against the whole decision of the Director of Labour, Tuan Anand Anak Asvester Ujan, given on 5 September 2024, ordering the Appellant to pay to the Respondents the sum of R

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