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.
- Unlawful dismissal
- Sexual harassment
- Hearsay and exceptions
- Standard of proof in civil employment disputes
- Domestic inquiry
- Costs