Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Garden leave

  • 7 Mar 2024

    ABDUL NASIR BIN AHMAD 7-ELEVEN MALAYSIA SDN BHD

    Citation
    WA-22NCvC-565-10/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-22NCvC-565-10/2022 (Mahkamah Tinggi)

    The Plaintiff’s claim was struck out because on the undisputed facts he voluntarily resigned impulsively after a meeting about a proposed restructuring (no decision taken), accepted the Defendant’s conciliatory reply, and was paid all contractual emoluments for the notice period; therefore there was no breach going to the root of the contract and the statutory Industrial Court remedy should have been pursued; the claim for substantial common law damages is plainly unsustainable and an abuse of process, warranting strike‑out under O.18 r.19.

  • 26 Jan 2021

    LEE KIAN HUWA AIR ASIA BERHAD

    Citation
    B52NCvC-218-09-2020 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    B52NCvC-218-09-2020 (Mahkamah Sesyen)

    The court found the defendant raised meritorious and plausible defences (bona fide redundancy due to organisational changes and digitalisation, contractual clause permitting termination on notice and payment in lieu, and unresolved factual issues of alleged discrimination) such that triable issues exist; therefore summary judgment under Order 14 is inappropriate and the plaintiff's application is dismissed with costs.