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INDUSTRIAL COURT KUALA LUMPUR
CHOO KIT ONN – Appellant
Versus
LAKEFRONT RESIDENCE SDN BHD – Respondent
| Table of Content |
|---|
| 1. ministry involvement in retrenchment cases. (Para 1 , 2) |
| 2. claims regarding redundancy and restructuring. (Para 10 , 11 , 12 , 15 , 16) |
| 3. actions and justifications for retrenchment. (Para 22 , 30 , 39 , 40) |
| 4. principles of managerial prerogative. (Para 23 , 24 , 25) |
| 5. the need for lawful and bona fide retrenchment. (Para 31 , 33 , 35) |
| 6. verdict on the lawfulness of the retrenchment. (Para 84 , 85) |
Reference
[1] This is a Ministerial Reference dated 30 April 2021 under s 20(3) of the Industrial Relations Act 1967 ("the Act") arising out of the dismissal of Choo Kit Onn (hereinafter referred to as "the Claimant") by Lakefront Residence Sdn Bhd (hereinafter referred to as "the Company") with effect from 24 September 2020 for a decision and an Award to be handed down.
Introduction
[2] The dispute before this Honourable Court is in relation to the Claimant's retrenchment by the Company;
a) the Company is part of the MCT Group of Companies;
b) the Claimant is one of 179 employees who were retrenched following the Group's decision to close its construction operations;
c) the Group's decision to close its construction operations is due to commercial
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