industrial court malaysia - Malaysian Legal and Tax Information Centre

“It is clear therefore that in reality reinstatement is not readily granted for various
reasons. It is granted only in fit and proper cases. In deciding this issue, there is
no hard and fast rule of universal application. In each case, keeping the
objectives of industrial adjudication in mind, and in a spirit of fairness and justice,
bearing in mind that a proper balance between the conflicting claims of employee
and employer needs to be maintained, the Industrial Court should decide as to
the appropriate remedy to be granted in each case”.
The Company in its Submissions in Reply dated 10 January 2012 stated
that reinstatement was not appropriate for several reasons including the
fact that the Claimant's position prior to his termination was a very senior
position as the Chief Commercial/Marketing Officer (CCO/CMO) of the
Company.
In cases where reinstatement was not granted, among the factors taken
into account was the fact that the Claimant was in a high ranking or
managerial position:-
In Jutajaya Holding Bhd v. Lim Poh Sim Award 397 of 2007 for instance, the
Chairman of the Industrial Court at that time, Y.A. Puan Amelia Tee (presently in
the High Court), stated the following:-
“The Court has carefully considered the question of whether reinstatement would
be the correct remedy in this case. It must be borne in mind that at the time of
her dismissal, the Claimant was the CEO of the Company. It need not be
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