MATRIX COOLING (M) SDN BHD [ Business Registration No.: 701687-T ] JOHN RAYMUND FERNANDEZ [ No. K/P: 840625105155 ]

MATRIX COOLING (M) SDN BHD [ Business Registration No.: 701687-T ] JOHN RAYMUND FERNANDEZ [ No. K/P: 840625105155 ]

The Sessions Court's award of SGD66,000 was set aside because it misattributed documents to the defendant (the employment pass and tax forms related to MCS), failed to appreciate that the plaintiff never resided in Singapore and therefore received allowances not salary, ignored the memo showing the plaintiff remained Malaysian staff, and misinterpreted the 6.12.2013 letter; there was insufficient evidence that the defendant instructed a false tax declaration or withheld claims to constitute 'serious fault', and the plaintiff failed to serve three months' notice under article 10, so the defendant's appeal succeeds in part regarding the three months' salary in lieu of notice.

Citation
BA-12BNCVC-4-01/2019 (Mahkamah Tinggi)
Parties
Pemohon / Defendant / Appellant: Matrix Cooling (M) Sdn Bhd; Respondent / Plaintiff: John Raymund Fernandez
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 October 2019
Case Number
BA-12BNCVC-4-01/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / Appellate Decision
Outcome
Appeal allowed in part; Sessions Court award of SGD66,000 set aside; defendant's appeal allowed in part regarding three months' salary in lieu of notice.
Legal Topics
Salary Claim, Breach of Contract, Termination for Serious Fault, Notice Period, Employment Pass, Tax Declaration
Source Language
Malay/English
Employment Law Contract Law Administrative Law Salary Claim Breach of Contract Termination for Serious Fault Notice Period Employment Pass +1 more

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Parties

Matrix Cooling (M) Sdn Bhd

Pemohon / Defendant / Appellant

John Raymund Fernandez

Respondent / Plaintiff

Procedural Posture

Civil Appeal From Sessions Court / Appellate Decision

Legal Issues

  1. 1 Whether the Sessions Court correctly found a promise by the defendant to pay additional monthly salary of SGD3,000 leading to SGD66,000 entitlement
  2. 2 Whether the defendant authorised or caused a false tax declaration amounting to a 'serious fault' under article 9
  3. 3 Whether the plaintiff was required to give three months' notice under article 10 and is liable to pay salary in lieu of notice

Ratio Decidendi

The Sessions Court's award of SGD66,000 was set aside because it misattributed documents to the defendant (the employment pass and tax forms related to MCS), failed to appreciate that the plaintiff never resided in Singapore and therefore received allowances not salary, ignored the memo showing the plaintiff remained Malaysian staff, and misinterpreted the 6.12.2013 letter; there was insufficient evidence that the defendant instructed a false tax declaration or withheld claims to constitute 'serious fault', and the plaintiff failed to serve three months' notice under article 10, so the defendant's appeal succeeds in part regarding the three months' salary in lieu of notice.

Court Disposition

Appeal allowed in part; Sessions Court award of SGD66,000 set aside; defendant's appeal allowed in part regarding three months' salary in lieu of notice.

Orders

  • Set aside the Sessions Court's finding awarding the plaintiff SGD66,000
  • Allow the defendant's appeal in part and uphold defendant's counterclaim in respect of three months' salary in lieu of notice