20 Jan 2020
ZURICH TAKAFUL MALAYSIA BERHAD 1. MAHKAMAH PERUSAHAAN MALAYSIA. 2. JOHN D'CRUZ A/L G FRANCIS D'CRUZ
- Citation
- WA-25-395-08/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-25-395-08/2019 (Mahkamah Tinggi)
The Industrial Court correctly found redundancy was not proven because the claimant's duties and workload continued to exist and were carried out by another employee (Andrea Looi) and by his former subordinates; the employer failed to discharge the burden of proving actual redundancy, therefore dismissal was without just cause or excuse and the High Court will not overturn those factual findings absent illegality or irrationality.