22 Mar 2022
L & R TRADING & TRANSPORT SDN BHD SIRAJUDDIN BIN ABDUL LATIF
- Citation
- BA-16-15-03/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-16-15-03/2021 (Mahkamah Tinggi)
The High Court held the employer failed to terminate pursuant to the contractual provisions permitting summary dismissal because the termination letter did not invoke clause 8(2)(b) or clause 22; therefore the 90-day notice under the contract was required and not given. The failure to hold a domestic inquiry deprived the employee of natural justice. There was no basis to draw an adverse inference under s.114(g). Consequently the Labour Court award (salary in lieu of 90 days and related orders) was affirmed.