SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1998 MarsdenLR 320

INDUSTRIAL COURT
SINTAT RENT-A-CAR (M) SDN BHD – Appellant
Versus
TAN TIAN SER – Respondent


The issue in this dispute is whether the claimant was dismissed on 19 March 1996 and if so, whether such dismissal amounted to a violation of the principles of natural justice effected without just cause or excuse. He was appointed as the administration manager of the company on 6 March 1995, at a monthly salary of RM4,500 on a clean wage basis, the company having agreed to pay on his behalf his EPF contributions and also his income tax dues or liabilities.

The pleadings and the evidence of the company, however, makes issue to the effect that the company is not liable to the claimant because he was not appointed by the Malaysian company, but by Sintat Rent-A-Car (Singapore) P/L. They aver, and evidence was adduced by the managing director, COW1, who incidentally is the MD of both the Singaporean and the Malaysian companies, that since the salaries of the claimant were remitted from Singapore every end of the month, (Exh. COA pp. 1 to 26), therefore this was proof enough that he was employed by the Singapore entity and not its counter part, the Malaysian company. COW1 testified and contended that the claimant was only the "representative" of Singapore to oversee its business operatio

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top