13 Oct 2021
SAVITHRI A/P VELLO 1. ) i) EVERSENDAI CONSTRUCTIONS (M) SDN. BHD. 2. ) ii) MAHKAMAH PERUSAHAAN MALAYSIA
- Citation
- AA-25-18-09/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AA-25-18-09/2020 (Mahkamah Tinggi)
Applicant's sworn testimony of post-dismissal unemployment, unchallenged and unrebutted by the First Respondent, shifted the evidential burden to the employer; the Industrial Court erred in stating no evidence was proffered and in deducting 70% of backwages without reasons; that part of the Industrial Court award is quashed; the MSS payment deduction and factual quantification by the Industrial Court are upheld; no remittal required as recalculation is arithmetical.