13 Oct 2021
SAVITHRI A/P VELLO 1. ) EVERSENDAI CONSTRUCTIONS (M) SDN. BHD. 2. ) MAHKAMAH PERUSAHAAN MALAYSIA
- Citation
- AA-25-18-09/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AA-25-18-09/2020 (Mahkamah Tinggi)
The Industrial Court erred in law by reducing backwages by 70% without evidence or reasons; once the Applicant testified under oath that she was unemployed post-dismissal the evidential burden shifted to the employer to rebut and the employer failed to do so, therefore the 70% deduction is quashed; MSS payments are deductible to avoid double recovery and the MSS quantum is a factual finding not disturbed.