Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Continuity of service

Legal area

Court

4 Feb 2025

1. ) ABDUL RAZAK BIN ABDUL AZIZ 2. ) SYED SALLEHUDDIN BIN SYED MOHAMAD 3. ) NAGARAJAH A/L SATHASIVAM 4. ) MOHD HARDI BIN MISWAN RAI UTILITY SDN. BHD

Citation

BA-16-19-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-16-19-04/2024 (Mahkamah Tinggi)

Appellants were absent from work for nine months and provided no documentary evidence they rendered services to respondent from January to September 2023; their prolonged absence constituted breach under s15(2) Employment Act 1955, permitting termination without notice under s13(2); therefore the Director General of Labour's decision was correct and the appeal is dismissed.
21 Jun 2023

NOR AZRI BIN OMAR MRCB ENGINEERING SDN BHD

Citation

WA-12BNCvC-122-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-122-09/2022 (Mahkamah Tinggi)

Appellant was on successive fixed‑term contracts until 29.2.2004 and only became a permanent employee pursuant to a fresh offer dated 1.3.2004; the employer's circular effective 1.9.2002 limited gratuity to employees who were permanent as at that time and did not apply to new permanent hires after that date; there was no incorporation of prior contract service into the 1.3.2004 appointment, therefore appellant was not entitled to the claimed gratuity and the Session Court's dismissal was correct.