21 Dec 2023
MOHD AZLAN BIN MARJUKI @ MD.YUSOFF HIG LANGKAWI HOLDINGS SDN. BHD.
- Citation
- KD-A52NCvC-5-06/2022 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- KD-A52NCvC-5-06/2022 (Mahkamah Sesyen)
Defendant breached the employment contract by continuing wage and EPF deductions beyond the expressly agreed three months without proof of plaintiff’s consent; frustration was not available because it was not pleaded; defendant failed to discharge the burden of proving financial necessity (no audited accounts); adverse inference drawn under s114(g) Evidence Act; plaintiff entitled to relief including EPF withdrawal; claim allowed on balance of probabilities with costs on scale.