1 Jan 1900
MALAYAN BANKING BERHAD (3813-K) PRABANAH BINTI MANOGARAN SULTAN (K/P NO: 761221-07-5548)
- Citation
- PA-12BNCC-3-02/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-12BNCC-3-02/2019 (Mahkamah Tinggi)
Appeal allowed: the Sessions Court erred as a matter of law by misplacing the burden of proof on the Employer, improperly drawing adverse inferences against the Employer for non-production of witnesses without proof of withholding, and applying an incorrect standard (requiring absence of doubt rather than balance of probabilities); consequently the finding of wrongful dismissal and the award of damages beyond remuneration in lieu of notice were plainly erroneous and set aside.