Malaysia Case Law: Decisions & Judgments

Topic

Payment in lieu of notice

Legal area

Court

10 Aug 2023

MERCURY INDUSTRIES BERHAD NG POI KUAN

Citation

BA-16-38-11/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-16-38-11/2022 (Mahkamah Tinggi)

The High Court found the Labour Court erred: respondent breached the employment contract by failing to give two months' notice or pay two months' salary in lieu; the respondent had, by conduct as HR and by participating in the salary-reduction process and filing Form PK, acquiesced to the salary reductions; accordingly respondent was not entitled to two months' salary, not entitled to recover salary for May and June 2022 as that related to notice obligation, and not entitled to recover the deducted amounts; appeal allowed and Labour Court decision set aside.
9 Mar 2023

AKAR GRAPHIC CENTRE SDN BHD 1. ) DIRMAN BIN DAUD 2. ) MOHD FAIZOL BIN MOHAMED 3. ) NASRUL HANIF BIN YUSOF 4. ) MOHD FIRDAUS BIN IBRAHIM 5. ) MUHAMAD HAKIMI BIN YUSUF

Citation

BA-16-3-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-16-3-01/2022 (Mahkamah Tinggi)

The court held that (1) appellant's prior conduct of paying overtime established entitlement for the respondents for September–December 2020 and the unpaid overtime must be paid; and (2) the transfer of respondents to Wawasan Dengkil Infra Sdn Bhd was not a permissible internal transfer under the contract (it made them employees of a different company) and appellant could not rely on a purported transfer to avoid liability; therefore the Labour Department's award was upheld and the appeal dismissed.

Malaysia Case Law

MERCURY INDUSTRIES BERHAD NG POI KUAN

AKAR GRAPHIC CENTRE SDN BHD 1. ) DIRMAN BIN DAUD 2. ) MOHD FAIZOL BIN MOHAMED 3. ) NASRUL HANIF BIN YUSOF 4. ) MOHD FIRDAUS BIN IBRAHIM 5. ) MUHAMAD HAKIMI BIN YUSUF