Friday, May 28, 2010

ABDUL AZID DESA V MALASIA TRAVEL BUSINESS SDN. BHD [2007]3 ILR

INDUSTRIAL COURT,PULAU LANGKAWI
Held in favour of the Claimant and disallowing the Company's application to transfer this matter to the KL Industrial Court.
Learned Counsel for the Company contended that the Claimant had failed to produce any documentary evidence to show that he had been facing financial constraints and that he could not afford to go down to KL and as such S 114(g) EA 1950 ought to have been invoked against him.
It is trite law that the strict rules as embodied in the EA ought not to be applied rigidly to industrial adjudication and that equity and good conscience ought to prevail where justice demanded it.

Judge: Md. Amin Firdaus Abdullah
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