WELTEX CASE 1998 1 LNS 258

In the case of Weltex Knitwear Industries Sdn Bhd  vLaw Kar Toy [1998] 1 LNS 258 it was stated by Abdul Kadir Sulaiman  J.

"...where the factum of dismissal  is in dispute it is for the workman to establish that he was dismissed by the employer."

STANDARD OF PROOF

TELEKOM MALAYSIA KAWASAN UTARA V KRISHNAN KUTTY SANGUNI NAIR & ANOR
[2002] 3 CLJ 314
( Theft of Company property)
COURT OF APPEAL  The Industrial Court must not be burdened with the  technicalities concerning the different standards of proof or the rules of evidence or procedure that are applied ina court of law.The Industrial Court must be allowed to conduct its proceedings as a'court of arbitration' with the necessary flexibility to arrive at a decision...

standard of proof is the civil standard- balance of probabilities

imbangan kebarangkalian - balance of probabilities

melangkaui batasan keraguan- beyond reasonable doubt

mahkamah timbangtara--Court of arbitration

MIsconduct

Wong Yuen Hock v  Hong Leong Assurance [1995] 3 CLJ 344

the function of the Industrial  Court in dismissal cases on a reference under S20 is twofold;

firstly, to determine whether the misconduct complained of  by the employer has been established and secondly whether the proven misconduct constitutes just cause or excuse for the dismissal.

CD

AFINDI RAMLI & ANOR [2012]1 ILR 262

w/r transfer order is in breach of  fundamental terms of contract

Based on the terms of the Claimant's contract of emplyment, the Claimants were not employed to be stationed permanently at Genting Highlands exclusively but were subjected to transfer based on the transfer clause.

PRIMA FACIE

WELTEX KNOTWEAR INDUSTRIES SDN BHD LAW KAR TOY & ANOR [1998]  1 LNS 258

All dismissal is prima facie without just cause or excuse.

FORCED RESIGNATION

RG CHANDRASEGARAN V LIPO CORPORATION [2012] 1 ILR 241

Based on the principles found in Harpers Trading (M) Sdn Bhd Butterworth v Kesatuan Kebangsaan Pekerja Pekerja Perdagangan [1988] 2 ILR 314 the resignation letter was not voluntary but due to the pressure and threat imposed upon him.

Sulaiman Ismail, Industrial Court Penang

B. R. Ghaiye- p 712

And as to absence of employee without permission B.R Ghaiye at page 712 said


" No employee can claim as a matter of right leave of absence without permission and when there might not be any permisision for the same. Remaining absent without any permission is therfore, gross violation of discipline..."

This issue was discussed in the case of Pan Global Textiles Bhd Pulau Pinang v Ang Beng Teik [2002] 1 CLJ 181 ( at page 187)