GURU DHILLION V PROFITABLE PLOTS SDN. BHD [FRANLIN GOONTING]
Dismissal- Poor Performance
Held: For the Claimant- Dismissal without just cause or excuse
The Claimant's testimony, which had been corroborated by the documents tendered to the Court had stood unrebutted by the respondent.The respondent had given non-performance as the reason for the dismissal and hence the onus had been on then to prove it. From the evidence, the reason had not been made out and following Goon Kwee Phoy, the inevitable conclusion had been that the dismissal had been without just cause and excuse.
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