14 Sept 2020
Hiewa Auto Gallery (Larkin) Sdn Bhd Prabaharan a/l Malayalam
- Citation
- JA-22NCVC-184-11/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-22NCVC-184-11/2019 (Mahkamah Tinggi)
The Industrial Court had competent jurisdiction to decide whether the defendant was in employment of the plaintiff at the time of dismissal and it expressly found the defendant had abandoned his employment by joining TC Trucks on 16-05-2018; that finding operates as res judicata/issue estoppel and bars the plaintiff's claim for a declaration of abandonment, therefore the declaration claim is struck out while the separate monetary claims are transferred to the Magistrate's Court.