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)

TAN SEE GUAN V PEMBINAAN INFRA E & J SDN. BHD

2011 4 ILR

Issue - Fixed Term Contract

Once it is established that there is a fixed term contract, the dissolution of the contract upon reaching the expiry date of the fixed term or upon any extension of that expiry date would spell the end of the Claimants tenure with the Company

[see M Vasagam Muthusamy v Kesatuan Pekerja-Pekerja Resorts World, Pahang & Anor ]

GENERAL CONTAINERS S/B

GENERAL CONTAINERS S/B V YIP SIEW  LING [1994] 2 ILR 912 (AWARD NO 418 OF 1994)

It is a trite principal of Industrial Law that only a workman who has been dismissed by his employer may seek the remedies available under S20 of the IRA 1967.