XXXX v SOMYANARAIN NALLA PILLAI A/L MUNUSAMY
1 cases cited
(0 SG, 1 foreign)
Catchwords
Labour Law - Employment - Dismissal of workman - Industrial Court - Whether focus of enquiry of Industrial Court premised on matters and events which occurred at time of dismissal – Industrial Relations Act 1967 “(IRA”) - Whether wording of s 20 IRA prescribes or allows overarching survey by Industrial Court of any and all matters both pre and post-dismissal – Whether the Industrial Court could enquire into the reason for termination as premised on the matters at the time of dismissal or matters subsequently raised in the pleadings - Whether 'just cause or excuse' only refer to reason resonating in employer's mind prior to decision to dismiss - Whether Industrial Court has right to enquire into reasons subsequently put up by employer via pleadings to justify dismissal when such reasons were not given at time of dismissal – Whether respondent was dismissed without just cause and excuse Labour Law – Evidence - Witness - Whether COW2's and COW3’s evidence had consisted of mainly hearsay evidence - Evidence adduced - Evaluation of - Effect of - Whether it had been safe to rely on hearsay evidence - Factors to consider – Allegations that respondent verbally abused and mocked the students from different nationalities - Alleged victims of the abuse were never called to testify in Industrial Court – Whether Industrial Court can ignore the basic evidential rule with impunity
Judges (1)
Parties (1)
Statutes Cited
Industrial Relations Act 1967
s 20(3)
Penal Code (Cap 574)
Cases Cited (1)
MY (1)
[2021] 10 CLJ 663
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-16a-17-10-2022)