14 Jun 2023
MELIPOLY ENTERPRISE SDN BHD 1. ) Ong Hong Yeok 2. ) MAHKAMAH PERUSAHAAN MALAYSIA
- Citation
- W-01(A)-736-12/2021 (Mahkamah Rayuan)
- Court
- A
- Case number
- W-01(A)-736-12/2021 (Mahkamah Rayuan)
The Court held the employer was limited to the reasons in the termination letter (economic recession and poor sales); although financial losses were evidenced, the employer failed to prove bona fide redundancy because the employee's functions continued (reduced but not eliminated); therefore the dismissal was without just cause or excuse. The Industrial Court retained jurisdiction following the Ministerial reference under s.20 IRA even though the respondent did not seek reinstatement. Appeal dismissed and costs awarded.