25 Sept 2024
CHOONG CHEAN LEE DENTESSENCE AND SMILE 28 SDN BHD
- Citation
- BB-A52NCvC-173-11/2021 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- BB-A52NCvC-173-11/2021 (Mahkamah Sesyen)
The court held the agreement was a contract for services (independent contractor) based on the express terms, conduct of parties, absence of employer control over manner of work, payment arrangement and lack of EPF/SOCSO contributions; the Plaintiff unilaterally breached the contract by taking extended leave and terminating without required notice, therefore Plaintiff's claims failed while Defendant's specified counterclaims for unjust enrichment and costs to replace services were allowed; costs awarded to Defendant RM10,000.