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
Our decision to terminate your contract is premised on the following:- 1. We have examined your performance in the position of Chief Commercial Officer and measured the same against the job size and deliverables. It is evident to us that either your performance does not meet the expectations of the Company in terms of the market position we seek or there is a need for us to review the viability of the said position and to approach the marketing requirements and solutions differently. The details of this have been discussed previously and/or are a matter of record. 2. We have taken the above into account during the general review of the organizational structure. In line with the above we have decided to devolve the commercial and marketing functions. It is our view that these steps are necessary in order to provide a more effective marketing and commercial solution. It is clear to us that the current arrangements do not adequately meet the Company's requirements in a market environment that is only expected to become more and more challenging in the foreseeable future. 3. As a result of this review we have decided to abolish the position of Chief Commercial Officer in its present form. 4. We had attempted to explore alternative positions with you and this had been communicated previously with. It is evident that these have been rejected. We deny the suggestion that this was put to you out of the blue and we are unable to agree with your characterization of your performance which does not represent the true position. It is our position that you have been duly appraised of the unfolding events that have culminated in the above decision. 6
We wish you well in your further undertakings. Kindly liaise with the Head of HRD to facilitate the handover of company belongings and outstanding assignments. Please be advised accordingly, Johan Dennelind CEO” The said letter stated the reasons for the termination as follows:- 1. the Company's restructuring that led to the Claimant's position being abolished and 2. poor performance on the part of the Claimant. First Issue: whether the dismissal was with just cause and excuse The Law It is trite law that the Company does not have the right to terminate the services of the Claimant for no valid reason. In Tip Top Motorcade Sdn. Bhd. v. Johnny Chong Choong Keong (Award 114 of 1994), the learned Chairman of the Industrial Court stated the basic principles as follows:- “The Industrial Court is obliged to act upon the evidence and on the basis of settled principles of industrial jurisprudence. In particular, it takes into account these well-established principles of industrial law: 7
- Page 1 and 2: INDUSTRIAL COURT MALAYSIA CASE NO:
- Page 3 and 4: The Pleadings The Pleadings in this
- Page 5: Bjorn Magnus Kopperud to him (page
- 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
We wish you well in your further undertakings. Kindly liaise with the Head of<br />
HRD to facilitate the h<strong>and</strong>over of company belongings <strong>and</strong> outst<strong>and</strong>ing<br />
assignments.<br />
Please be advised accordingly,<br />
Johan Dennelind<br />
CEO”<br />
The said letter stated the reasons for the termination as follows:-<br />
1. the Company's restructuring that led to the Claimant's position being<br />
abolished <strong>and</strong><br />
2. poor performance on the part of the Claimant.<br />
First Issue: whether the dismissal was with just cause <strong>and</strong> excuse<br />
The Law<br />
It is trite law that the Company does not have the right to terminate the services<br />
of the Claimant for no valid reason.<br />
In Tip Top Motorcade Sdn. Bhd. v. Johnny Chong Choong Keong (Award<br />
114 of 1994), the learned Chairman of the Industrial Court stated the basic<br />
principles as follows:-<br />
“The Industrial Court is obliged to act upon the evidence <strong>and</strong> on the basis of<br />
settled principles of <strong>industrial</strong> jurisprudence. In particular, it takes into account<br />
these well-established principles of <strong>industrial</strong> law:<br />
7
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