MONOLUXURY SDN BHD WILLEM POMP

MONOLUXURY SDN BHD WILLEM POMP

High Court implied in the employment contract a term requiring the employee to provide notice before prematurely terminating employment where no express employee notice term exists; respondent's abrupt departure without compliance with contractual/implicit notice obligations constituted repudiatory breach and appellant was entitled to damages of RM105,000; other findings of the Sessions Court unrelated to this issue were upheld.

Citation
CB-12BNCvC-2-10/2022 (Mahkamah Tinggi)
Parties
Appellant (perayu/plaintif): Monoluxury Sdn Bhd; Respondent (responden/defendan): Willem Pomp
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 February 2024
Case Number
CB-12BNCvC-2-10/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (re Hearing) / High Court Appeal From Sessions Court (re Hearing)
Outcome
Appeal allowed in part
Legal Topics
Implied Terms, Termination of Employment, Contract of Service Vs Contract for Service, Damages
Source Language
Malay/English
Contract Law Employment Law Civil Procedure Implied Terms Termination of Employment Contract of Service Vs Contract for Service Damages

Case Brief

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Parties

Monoluxury Sdn Bhd

Appellant (perayu/plaintif)

Willem Pomp

Respondent (responden/defendan)

Procedural Posture

Civil Appeal (re Hearing) / High Court Appeal From Sessions Court (re Hearing)

Legal Issues

  1. 1 Whether an implied term existed requiring the employee to give notice before terminating employment
  2. 2 Whether respondent's abrupt departure amounted to repudiatory breach of the employment contract
  3. 3 Whether Employment Act 1955 or Industrial Relations Act 1967 was engaged

Ratio Decidendi

High Court implied in the employment contract a term requiring the employee to provide notice before prematurely terminating employment where no express employee notice term exists; respondent's abrupt departure without compliance with contractual/implicit notice obligations constituted repudiatory breach and appellant was entitled to damages of RM105,000; other findings of the Sessions Court unrelated to this issue were upheld.

Court Disposition

Appeal allowed in part

Orders

  • Substitute order: Respondent to pay Appellant damages of RM105,000.00
  • Other orders made by the Sessions Court are upheld