22 Jan 2020
MARITIME INTELLIGENCE SDN BHD TAN AH GEK
- Citation
- J-02(A)-111-01/2019 (Mahkamah Rayuan)
- Court
- A
- Case number
- J-02(A)-111-01/2019 (Mahkamah Rayuan)
The Court held that an employer cannot be permitted to justify dismissal by relying on a ground that was not pleaded or raised in the show cause notice, domestic inquiry or notice of dismissal unless the ground was legitimately discovered after dismissal and could not have been discovered with reasonable diligence; here the unaccredited degree allegation was not pleaded as misrepresentation, could have been investigated earlier, and was an afterthought, therefore the Industrial Court correctly rejected it and the dismissal remained without just cause.