Messrs R. Jayabalan

CLAIMS FOR UNFAIR DISMISSAL

The Court of Appeal recently in Melipoly Enterprise Sdn Bhd v. Ong Hong Yeok (February 2024) once again clarified the legal position on two main issues in claims before the Industrial Court.

It was held that when resisting a claim for unfair dismissal the employer may only rely on the grounds given in the notice of termination; the Court may only inquire into the reasons stated in the notice and not to consider other reasons advanced at the trial by the employer.

Secondly, it was held that the Industrial Court may proceed to hear an unfair dismissal claim even when the claimant has rejected the relief of reinstatement at the trial as the Court's jurisdiction is derived from the Minister's reference under a. 20(3) of the Act and the jurisdiction is not dependant on whether the Claimant wants his job back.

Our commentary on the decision is at the link below.

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Cause papers for matrimonial proceedings maybe filed in English (only) without Bahasa Malaysia translation. Federal Court decision and grounds

Jayabalan Raman Kutty on LinkedIn: Grounds of Decision CAUSE PAPERS IN MATRIMONIAL PROCEEDINGS MAYBE FILED IN ENGLISH (ONLY) WITHOUT BAHASA MALAYSIA TRANSLATION. The language point. The Federal Court recently…

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Circular No 374/2023 | Practising Without a Practising Certificate after 31 Dec 2023

Click here (https://bit.ly/3tyXNmW) to view the full circular on our website.