Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Retirement benefits

Legal area

Court

6 Aug 2024

KEDAH CEMENT SDN BHD YEGARAJ A/L V RAMIAH

Citation

WA-12BNCvC-139-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-139-11/2023 (Mahkamah Tinggi)

The Assignment Agreements did not supersede or terminate the employment contract; the Respondent remained in continuous service of the Appellant while on foreign assignments and was therefore entitled to the retirement benefit award; the Sessions Court judgment awarding RM701,179.14, exemplary damages and costs is upheld.
14 Jul 2020

ZURAIMY BIN KUSHAILI (NO. K/P: 730404-13-5329) SARAWAK ENERGY BERHAD (NO. SYARIKAT: 7199-D)

Citation

Q-02(NCvC)(W)-1501-07/2018 (Mahkamah Rayuan)
Court

NCvC
Case number

Q-02(NCvC)(W)-1501-07/2018 (Mahkamah Rayuan)

Clause 13 requires that upon the employer deciding not to renew a fixed term contract (and prior to mandatory retirement age) the employer must, at its absolute discretion, choose one of the two prescribed remedies — either pay two years' last drawn gross salary or re-appoint to the pre-contract grade; the employer cannot lawfully withhold both options. The respondent breached Clause 13 by refusing to offer either option and plaintiff is entitled to contractual damages, interest and costs.