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Legal Update 23 of 2023

    Home Legal Updates Legal Update 23 of 2023
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    Legal Update 23 of 2023

    By jhjadmin | Legal Updates | 0 comment | 26 September, 2024 | 0

    “Whether there was actual redundancy and that the redundancy led to termination of employees with just cause and excuse?”

    Case:

    MUHAMMAD FIRDAUS MURAD v L & O COLLECTIONS SDN BHD & ANOR [2023 3 MELR 280]

    Brief Facts:

    • 6 employees of L & O Collections Sdn Bhd [LO] were employed in the LONE PINE Hotel in Penang.

    • The 6 employees were all chefs in the Hotel.

    • The 6 employees were all retrenched on grounds of redundancy.

    • The retrenchment was done due to the closure of the Hotel during the MCO imposed as a result of COVID-19.

    • There were multiple memos issued by LO to the employees highlighting the challenges faced by LO.

    • Eventually after multiple measures that were taken by LO for the survival of the Hotel proved unsuccessful, the employees were retrenched.

    • The Industrial Court [IC] found in favour of LO and held that there was actual redundancy.

    • The employees challenged the decision of the IC in the High Court.

    THE DECISION OF HIGH COURT (HC) – CHALLENGE DISMISSED

    • The HC held that LO had produced documents including EPF records to show that no new employees were employed and operations when resumed were on a skeletal basis.

    • Hiring casual workers on an ad hoc basis several months post-retrenchment could not be equated to a contention that the functions were not redundant at the point of termination.

    • The HC also found that the Hotel’s restaurant was closed and that all its letters after that alluded to the fact that it was in a dire situation.

    • Further the employees admitted that they were indeed informed prior to the retrenchment of the hotel’s dire financial position.

    • Therefore, the retrenchments were upheld.
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    jhjadmin

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