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2018 MarsdenLR 1738

COURT OF APPEAL PUTRAJAYA
OMAR OTHMAN – Appellant
Versus
KULIM ADVANCED TECHNOLOGIES SDN BHD – Respondent


Petitioner Advocates:GL Ambrose,Aneera Chowdry ,Respondent Advocate: Siti Rafidah Abdul Raof,Nurfarhana Fadzil

Table of Content
1. high court erred in quashing industrial court's findings (Para 1 , 2 , 6)
2. termination principles must be anchored in just cause (Para 3 , 4 , 5)
3. contractual terms on termination uphold must align with legal principles (Para 7 , 8 , 9)
4. technical defenses should not overshadow core legal merits (Para 10 , 11)

[1] The appellant (employee) appeals against the decision of the High Court which had quashed the decision of the Industrial Court.

[2] The central argument before the High Court as well as the Industrial Court was related to the jurisprudence of 'termination simpliciter'. The Memorandum of Appeal reads as follows:

"1. The learned Judicial Commissioner erred in law and/or in fact in finding that the Industrial Court had acted irrationally and/or unreasonably in a Wednesbury sense and/or illegally and/or with procedural impropriety in arriving at its decision.

2. The learned Judicial Commissioner erred in law and/or in fact when His Lordship disturbed and/or interfered with the Industrial Court's findings of law and/or fact which found that the respondent had unlawfully terminated the appellant's employment.

3. The learned Judicial Commissioner erred in law an

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