9 Dec 2022
ABDUL RAZAB BIN YAHAYA CHAMPSURF SDN BHD
- Citation
- PA-16-5-12/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-16-5-12/2020 (Mahkamah Tinggi)
On the facts the appellant performed substantial manual work (cooking and cleaning raw materials) and supervised demi chefs/commis; job title notwithstanding, his duties were materially manual and supervisory as per subparagraphs 2(1) and 2(3) of the First Schedule. The Employee Handbook formed part of the contract and did not validly exclude retrenchment benefits. Therefore the appellant is an "employee" under Act 265 and entitled to retrenchment/termination benefits; the ADL's dismissal of the claim was overturned.