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.