Jayadeep Hari & JamilJayadeep Hari & JamilJayadeep Hari & JamilJayadeep Hari & Jamil
  • About
  • Our People
    • Partners
    • Consultant
    • Associates
  • Practice Areas
  • Publications
    • Legal Updates
    • Legal Cauldron (Temporary suspended)
    • Articles
    • News & Bulletin
  • We Care
  • Careers
  • Contact Us

Legal Update 3 of 2020

    Home Legal Updates Legal Update 3 of 2020
    NextPrevious

    Legal Update 3 of 2020

    By jhj admin | Legal Updates | 0 comment | 11 January, 2021 | 0

    Is it legal for an employer to terminate an employee based on a contractual right to terminate the employee contained in the employment contract?

    Case:

    OMAR OTHMAN v. KULIM ADVANCED TECHNOLOGIES SDN BHD [2019] 6 MLRA 756

    Brief Facts:

    • Omar Othman (“Employee”) was terminated by Kulim Advanced Technologies Sdn Bhd (“Employer”) based on a contractual right to terminate ie by giving Employee 3 months’ notice. This is also known as “termination simpliciter”.

     

    • The Employer argued that the Employee had not “objected” to the termination and had in fact proceeded to accept the payment given in lieu of notice.

     

    • The Employee then claimed that the termination was wrongful and challenged it at the Industrial Court.

     

    • The Industrial Court found that the Employee had been unlawfully terminated because termination simpliciter is not recognised by the Industrial Relations Act 1967.

     

    • The Employer challenged the decision at the High Court where the Judicial Commissioner of the High Court took the view on the facts that it was not a case of termination simpliciter and thereby quashed the decision of the Industrial Court.

     

    • The Employee appealed to the Court of Appeal.

    COURT OF APPEAL DECISION – APPEAL ALLOWED!

    • The Court of Appeal held that “termination simpliciter” relates to the absolute common law right of an employer to terminate the employee pursuant to the terms of the contract.

     

    • But the Court of Appeal held that “termination simpliciter” is not recognised by the Industrial Relations Act 1967 (“Act”).

     

    • The Employer’s reasons for termination in this case was based on a contractual right in the employment contract and the termination was thus not based on poor performance, misconduct, redundancy, etc as to establish a prima facie case to terminate on just cause and excuse, as required in section 20 of the Act.
    No tags.

    jhj admin

    More posts by jhj admin

    Related Post

    • Legal Update 9 of 2020

      By jhj admin | 0 comment

      Can a civil servant be dismissed from employment by a local authority without affording him the right to be heard? Case: PIHAK BERKUASA TATATERTIB MAJLIS PERBANDARAN SEBERANG PERAI & ANOR v. MUZIADI MUKHTAR [2020] 1Read more

    • Legal Update 10 of 2020

      By jhj admin | 0 comment

      Can the payment of quit rent, assessment rates, electricity and water bills be used to prove ownership of property? Case: HS REALTY SDN BHD v. YOW HONG SOON [2020] 1 LNS 230 Brief Facts: HSRead more

    • Legal Update 11 of 2020

      By jhj admin | 0 comment

      Can accused persons who are convicted of disobeying the Movement Control Order appeal for alternative punishment instead of imprisonment in the interest of justice? Case: CHIN CHEE WEI & ANOR V PP [2020] 1 LNSRead more

    • Legal Update 12 of 2020

      By jhj admin | 0 comment

      Can a foreign national have a permanent contract of employment? Case: AHMAD ZAHRI MIRZA ABDUL HAMID v. AIMS CYBERJAYA SDN BHD [2020] 1 LNS 494 Brief Facts: Ahmad, an expatriate, received a letter of appointmentRead more

    • Legal Update 13 of 2020

      By jhj admin | 0 comment

      Can the giving of legal advice by an adjudged bankrupt, whose practising certificate has been suspended, amount to practising law in contravention of the Legal Profession Act 1976? Case: DARSHAN SINGH KHAIRA v. ZULKEFLI HASHIMRead more

    • Legal Update 14 of 2020

      By jhj admin | 0 comment

      Can individual parcel owners enforce rights relating to common property on their own behalf? Case: SYARIKAT EAST COAST & ORS v. MAKNA MUJUR SDN BHD & ORS [2020] 2 MLRA 440 Brief Facts: Syarikat EastRead more

    • Legal Update 15 of 2020

      By jhj admin | 0 comment

      When is the point of time when a debtor is considered to be unable to pay his debts? Case: AFFIN BANK BERHAD V. ABU BAKAR ISMAIL [2020] 2 MLRA 99 Brief Facts: Affin Bank BerhadRead more

    • Legal Update 16 of 2020

      By jhj admin | 0 comment

      Whether an article containing allegations of corrupt practices and giving of bribes was defamatory to the owner of an education institution? Case: EAGLE ONE INVESTMENT LTD & ORS V. ASIA PACIFIC HIGHER LEARNING SDN BHDRead more

    Leave a Comment

    Cancel reply

    Your email address will not be published. Required fields are marked *

    NextPrevious

    JHJ Bulletin

    • S.Jeyaraman: The Magic of Memory
    • Andreas Dorn: Your Unconscious Mind on Change and Money

    Legal Updates

    • Legal Update 22 of 2022
    • Legal Update 21 of 2022
    • Legal Update 20 of 2022
    • Legal Update 19 of 2022
    • Legal Update 18 of 2022
    • Legal Update 17 of 2022
    • Legal Update 16 of 2022

    Legal Cauldron

    • 2
      0

      Legal Cauldron 1 of 2016

      Click here to view & download
    • 2
      0

      Legal Cauldron 2 of 2015

      Click here to view & download
    Copyright 2017 All Rights Reserved Contact Us         Like & Follow Us On:Facebook | Instagram | LinkedIn Disclaimer | Privacy Policy
    • About
    • Our People
      • Partners
      • Consultant
      • Associates
    • Practice Areas
    • Publications
      • Legal Updates
      • Legal Cauldron (Temporary suspended)
      • Articles
      • News & Bulletin
    • We Care
    • Careers
    • Contact Us
    Jayadeep Hari & Jamil