Labour Law
3 cases · August 2024 to December 2024
Key Issues & Sub-Topics
Employment — Dismissal — Whether employee misrepresented the Employer’s Bank — Whether Industrial Court erred when it found that the alleged misrepresentation was prejudicial to the Bank — Whether dismissal of the appellant was not actuated by ulterior motives 1 Employee was assigned data for a survey exercise — Applicant manipulated survey figures by making unauthorised and incorrect input to data — Whether Employee’s action can be construed as misconduct — Employee's senior position in Company Bank -— Whether punishment of dismissal meted out reasonable and proportionate 1 Dismissal — Failure to conduct domestic inquiry — Whether necessarily fatal — Whether defect curable by inquiry in Industrial Court. 1 Employment — Salary deduction — Claim for arrears of her salary against appellant at the Labour Court — Whether employee is entitled to treat the contract of service as having been breached and claim the balance of salary and termination benefits — Whether there was consensus ad idem —Labour Court awarded in favour of respondent — Appeal against award of Labour Court — Labour Court made a finding of facts that employee did not agree to the salary deduction 1 Trial — Cross-examination — Whether appelant’s failure to challenge the employee on her version of the events during cross-examination amounted to an acceptance of her evidence 1 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 1 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 1
Employment — Dismissal — Whether employee misrepresented the Employer’s Bank — Whether Industrial Court erred when it found that the alleged misrepresentation was prejudicial to the Bank — Whether dismissal of the appellant was not actuated by ulterior motives 1 case
Dismissal — Failure to conduct domestic inquiry — Whether necessarily fatal — Whether defect curable by inquiry in Industrial Court. 1 case
Employment — Salary deduction — Claim for arrears of her salary against appellant at the Labour Court — Whether employee is entitled to treat the contract of service as having been breached and claim the balance of salary and termination benefits — Whether there was consensus ad idem —Labour Court awarded in favour of respondent — Appeal against award of Labour Court — Labour Court made a finding of facts that employee did not agree to the salary deduction 1 case
Trial — Cross-examination — Whether appelant’s failure to challenge the employee on her version of the events during cross-examination amounted to an acceptance of her evidence 1 case
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 1 case
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 1 case
Key Statutes
Industrial Relations Act 1967
cited in 2 cases Contracts Act 1950
cited in 1 case Contracts Act
cited in 1 case Penal Code (Cap 574)
cited in 1 case