4 Feb 2020
RIMAKMUR SDN. BHD. 1. ) MAHKAMAH PERUSAHAAN MALAYSIA 2. ) NEERAJ CHHABRA A/L ASHOK KUMAR CHHABRA (NRIC NO: 780202-14-5997)
- Citation
- WA-25-339-11-2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-25-339-11-2018 (Mahkamah Tinggi)
The High Court held the Industrial Court's finding that non-payment of the disputed commission amounted to constructive dismissal was perverse and irrational: commission payments were governed by a management-determined Sales Commission Structure requiring collection within 180 days and a contemporaneous memo to deviate; the claimant failed to discharge the burden of proof for any managerial waiver; Section 30(5) IRA does not justify overriding management prerogative; commission is not salary and non-payment did not constitute a fundamental breach; accordingly the Industrial Court Award was q…