4 Feb 2020
NEERAF CHHABRA A/L ASHOK KUMAR CHHABRA (NRIC NO: 780202-14-5997) 1. ) MAHKAMAH PERUSAHAAN MALAYSIA 2. ) RIMAKMUR SDN. BHD.
- Citation
- WA-25-331-11-2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-25-331-11-2018 (Mahkamah Tinggi)
The High Court quashed the Industrial Court Award because the Industrial Court irrationally substituted its own view for the employer's management prerogative, wrongly applied Section 30(5) IR Act to dispense with the employer's Sales Commission Structure and procedural requirement for a contemporaneous memo, and misapplied the test for constructive dismissal; on evidence the employee failed to prove entitlement to the commission or that a fundamental breach occurred, therefore the Award for RM52,200 was perverse and must be set aside.