Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Enforceability of agreed compensation
  • 4 Mar 2021

    ANANDARAJ A/L S. THAVARAJ MISC BERHAD

    Citation
    WA-11ANCVC-60-08/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-11ANCVC-60-08/2020 (Mahkamah Tinggi)

    Cause of action accrued upon the employer's demand under the express on‑demand clause (clause 5.2), so the action commenced within the six‑year limitation period; D1 breached the Cadetship Agreement by resigning and abandoning the Training Course, making D1 liable and D2/D3 jointly and severally liable as sureties for the stipulated RM70,000 compensation; the compensation clause is enforceable absent cogent evidence of unreasonableness; no triable issue existed and summary judgment was properly entered, so the appeals were dismissed.