industrial court malaysia - Malaysian Legal and Tax Information Centre
industrial court malaysia - Malaysian Legal and Tax Information Centre industrial court malaysia - Malaysian Legal and Tax Information Centre
4.4.2008 (page 20-25, Exhibit 3 attached to SOC, see also COB1 p1-6). He commenced employment on 1.5.2008. The material express terms of employment are as expressed in the Offer of Employment which the Claimant signed and accepted on 7.4.2008. This document stipulates his basic monthly salary and contractual benefits as follows:- a) Performance bonus; b) Special Incentive; c) Housing; d) Company Car; e) Children Education Expenses; f) Home Leave; g) Club Membership; h) Relocation Expenses; i) Australian Medical Benefits for Wife; and j) Employee Provident Fund (EPF). Claimant's Task It was submitted on behalf of the Claimant that he was given the mission, as one of the four (4) top Management Officers/Chiefs “to bring change to the Company owing to the insufficiencies it faced at the material time” (para 7 SOC and para 5 SIR, see also COB p7-8, ”Main objectives and responsibilities of the Claimant”, and Q & A 4 - 7, CLWS1). The mission entrusted to him by the Ex-Chief Executive Officer of the Company (“the Ex-CEO”) Johan Dennelind, is reflected in the Memo dated 16.4.2008 from 4
Bjorn Magnus Kopperud to him (page 26, documents attached to the SOC) and the Ex-CEO's Write-Up of his expectations (pages 27-29, documents attached to the SOC). The Claimant pointed out that throughout his tenure with the Company, he had achieved milestones for the Company (see paragraph 8, SOC and also Claimant's testimony Q&A 13, CLW-S1). In other words the Claimant's position was that he had contributed much to the Company and there certainly were no performance issues as claimed by the Company in the termination letter. The Termination The Claimant was handed a Letter of Termination of Contract dated 9.7.2009 terminating his contract with immediate effect (pages 18-19, Exhibit 2, SOC, see also COB1 p31-32). The letter reads as follows: “Dear Tom, Termination of Contract Reference is made to the above matter. We wish to advise that we hereby exercise our right under the terms of your contract to terminate your services for cause. Accordingly we hereby pay you 3 months salary in lieu of 3 months notice. We wish to advise that we have made this decision after consulting with you and after making reasonable efforts to establish a viable alternative course of action. However it is evident that these efforts which have been undertaken in good faith have proven to be abortive. 5
- Page 1 and 2: INDUSTRIAL COURT MALAYSIA CASE NO:
- Page 3: The Pleadings The Pleadings in this
- Page 7 and 8: We wish you well in your further un
- Page 9 and 10: 'misbehaviour', 'inappropriate beha
- Page 11 and 12: Decision on the First Issue The bur
- Page 13 and 14: It was argued on behalf of the Clai
- Page 15 and 16: The principle in Han Chiang appears
- Page 17 and 18: Third Issue: If the dismissal was w
- Page 19 and 20: the relevant factors into considera
- Page 21 and 22: Appeal had observed that in industr
- Page 23 and 24: gainsaid that this is a very senior
- Page 25 and 26: In Robert John Reeves v Southern Ba
- Page 27 and 28: was only reasonable that the first
4.4.2008 (page 20-25, Exhibit 3 attached to SOC, see also COB1 p1-6). He<br />
commenced employment on 1.5.2008.<br />
The material express terms of employment are as expressed in the Offer of<br />
Employment which the Claimant signed <strong>and</strong> accepted on 7.4.2008. This<br />
document stipulates his basic monthly salary <strong>and</strong> contractual benefits as follows:-<br />
a) Performance bonus;<br />
b) Special Incentive;<br />
c) Housing;<br />
d) Company Car;<br />
e) Children Education Expenses;<br />
f) Home Leave;<br />
g) Club Membership;<br />
h) Relocation Expenses;<br />
i) Australian Medical Benefits for Wife; <strong>and</strong><br />
j) Employee Provident Fund (EPF).<br />
Claimant's Task<br />
It was submitted on behalf of the Claimant that he was given the mission, as<br />
one of the four (4) top Management Officers/Chiefs “to bring change to the<br />
Company owing to the insufficiencies it faced at the material time” (para 7 SOC<br />
<strong>and</strong> para 5 SIR, see also COB p7-8, ”Main objectives <strong>and</strong> responsibilities of the<br />
Claimant”, <strong>and</strong> Q & A 4 - 7, CLWS1).<br />
The mission entrusted to him by the Ex-Chief Executive Officer of the Company<br />
(“the Ex-CEO”) Johan Dennelind, is reflected in the Memo dated 16.4.2008 from<br />
4
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