24 Apr 2026
The High Court found the Respondent was an employee under the Employment Act, that the termination letter and surrounding facts showed restructuring not business closure, and that the Respondent did not accept the payment as final; therefore the DGM did not err in awarding salary in lieu of notice and the appeal was dismissed.
3 Dec 2025
The High Court upheld the DGM's finding because the Appellant failed to discharge the burden of proving on the substantive merits that the Respondent's misconduct justified immediate termination; warning letters lacked sufficient clarity and the Appellant did not demonstrate just cause or excuse such that failure to hold a domestic inquiry could be excused, therefore the dismissal was wrongful and the DGM's award stands.
17 Nov 2025
The appeal was allowed because the Director General erred in awarding termination benefits: the employer had conducted the required inquiry, issued warnings and placed the employee on a PIP, and the dismissal for continued unsatisfactory performance falls within s.14(1)(b) (misconduct/fitness to serve) and thus excludes entitlement to statutory termination benefits under Regulation 4(1).
17 Nov 2025
The court upheld the Director General's finding that the respondent was an employee because the factual matrix (regular salary, bonuses, PERKESO contributions, employer control over leave and employer witnesses treating her as employee) satisfied the contract of service test; the appellant did not challenge the termination benefit calculation, so the award of RM25,416.44 stands.
28 Oct 2025
The court upheld the DGM: the employer's failure to pay a portion of salary for January and February 2024 and the unilateral withholding of petrol allowance and commission were fundamental breaches of the employment contract going to its root, satisfying the contract test for constructive dismissal; accordingly the Respondent was dismissed constructively and entitled to the termination benefits and arrears awarded by the DGM.
23 Oct 2025
Court accepted DGM's factual finding that the respondent was terminated by the appellant via Mr Low but found DGM erred in law by disregarding that the respondent was 62 and had reached the statutory minimum retirement age; applying the Minimum Retirement Age Act, relevant regulation and authority in Colgate Palmolive, the respondent is not entitled to termination benefits, therefore the DGM's award was set aside.
9 Oct 2025
The High Court held that the show‑cause letter together with the respondent's admission to the misconduct (habitual late coming) constituted 'due inquiry' under section 14 of the Employment Act 1955; therefore no domestic inquiry was required and summary dismissal without notice was justified. The Labour Court's award was set aside and the appeal allowed.
2 Oct 2025
KPTR did not err: the court found the employer had lost the contract and was unable to continue employment; the manager's email was a request for an official notice, not a voluntary resignation by respondents; the employer could not unilaterally withdraw the termination notice; consequently the terminations were employer-initiated and respondents were entitled to termination benefits as computed by KPTR.
20 Aug 2025
Entitlement to termination benefits is determined by the employee's continuous period of service as at the date of termination; because the Amendment was in force on the termination date (31.12.2023) the appellant was entitled to benefits calculated over the entire continuous service under Regulation 6(1)(c). The Director General erred by restricting calculation to the post-amendment period; correct calculation yields RM44,055.85 and the appeal is allowed with costs.
11 Jul 2024
Appellant satisfied the 48‑hour notification requirement because attendance at the employer's office on 4.5.2020 and submission of medical documentation established continuity of sick leave from 6.4.2020 to 11.5.2020; respondent therefore knew of the sick leave and termination was unjustified. The JTK decision rejecting appellant's claims was set aside and the appeal allowed with costs.