industrial court malaysia - Malaysian Legal and Tax Information Centre

views of his Lordship and also the contention of the Company's Counsel in
that it is the prerogative of the Company to declare bonus for its workers
or employees.'
It was submitted that bonus was not a benefit which the Claimant was entitled to
claim as of right. Bonus was discretionary and based upon the performance of
the Company and the Claimant, and the Claimant was not entitled to bonus as of
right.
The Court agrees with Company's submissions that indeed bonus was
discretionary and that the Claimant was not entitled to it as of right.
Fixed Term
The unexpired period of his fixed term contract.
On the issue of backwages, the Company submitted a number of cases, all of
which were fixed term contract cases. The Company submitted that any
exposure would be the balance of the unexpired portion or balance of the
contract period .
a) In the case of Ranhill Worley Sdn Bjd. (formerly known as Jacobs
Construction Management (M) Sdn Bhd.) v. Franz Jozef Marie
Schefman & Anor [2008] 6 MLJ 823, the Court noted the following:
“There is a consistent trend of cases which decided that an
expatriate who had been unfairly dismissed was awarded backwages for
the unexpired period of his fixed term contract. In the present case it
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