Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Sexual harassment

Legal area

Court

15 Oct 2024

MADIAHLAGAN A/L SUNDARAM LOTUSS STORES (MALAYSIA) SDN BHD

Citation

AA-16A-9-09/2023 (Mahkamah Tinggi)
Court

High Court
Case number

AA-16A-9-09/2023 (Mahkamah Tinggi)

Appellant admitted sending the WhatsApp messages and the content objectively constituted sexual harassment; documentary evidence and s.32 Evidence Act exceptions made admission of investigation notes permissible; on the civil balance of probabilities the Industrial Court properly found misconduct and that such misconduct justified dismissal; absence of the complainant's live testimony did not render trial unfair and did not require appellate intervention.
14 Feb 2022

TOLING CORPORATION (M) SDN BHD 1. ) MAHKAMAH PERUSAHAAN MALAYSIA 2. ) YAP TIONG YUM

Citation

PA-25-55-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-25-55-09/2019 (Mahkamah Tinggi)

The High Court refused to interfere because the Industrial Court's factual findings — that the employee was forced to resign under duress and that the resulting termination amounted to dismissal without just cause — were supported by contemporaneous documentary and circumstantial evidence and by correct application of legal principles on forced resignation and burden of proof; therefore the judicial review application was dismissed.