15 Mar 2021
TAI CHIN YEE 1. ) TONG SAN CHAN DISTRIBUTORS SDN BHD 2. ) MAHKAMAH PERUSAHAAN MALAYSIA
- Citation
- AA-25-21-08/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AA-25-21-08/2019 (Mahkamah Tinggi)
Employer failed to discharge legal burden: late admission that signatures were not forged destroyed the factual foundation of the charges; applicant had given positive evidence she acted on superior's instructions and employer did not call or attempt to call the superior to rebut, permitting adverse inference under Evidence Act and shifting evidential burden; Industrial Court's acceptance of employer's case was therefore illegal and irrational and its award was quashed; equitable factors justified awarding compensation in lieu without deducting post-dismissal earnings.