CHOO YIK KIAN @ CHU YIK KIAN V KITACON SENDIRIAN BERHAD (AWARD NO: 1918 OF 2019)

CHOO YIK KIAN @ CHU YIK KIAN V KITACON SENDIRIAN BERHAD (AWARD NO: 1918 OF 2019)

FACTS 

  • The Company has arranged a more suitable position for the Claimant which required less supervision and communication after receiving negative feedback regarding the Claimant’s performance and work attitude from the Claimant’s immediate superior.
  • The Claimant was counselled from time to time to improve his work performance as the Company continued to receive criticism regarding his performance and attitude.
  • The Company later issued 7 warning letters to the Claimant providing him with the details of the complaints against him and he had failed to provide any proper explanation in regard to these complaints. 
  • Thereafter, the Claimant was once again reassigned however he was excessively late for work and was absent from work without furnishing proper supporting documentation. Soon after, both parties came to an agreement for the Claimant to be terminated as the Claimant insisted that he could not adhere to the original working hours. 

ISSUES

  • Whether the court can adjudicate a purely monetary claim?
  • Whether the dismissal was with just cause and excuse?

COURT FINDING AND REASONING 

  • What comes across from the foregoing overview of the salient facts of the case is an employer overstretching its patience to accommodate the personal issues of one lone employee.
  • The Company’s final act of terminating the Claimant’s employment was with just cause and excuse. 
  • The Claimant might initially have wanted reinstatement but now clearly does not. He now wants only money but conceals this from the court and only makes known his real motive for maintaining his pursuit against the Company upon being cornered by cross-examination. This is an abuse of this court’s process.

KEY TAKEAWAYS 

  • The law is that if a Claimant no longer wants reinstatement, the Industrial Court ceases to have jurisdiction. As the recourse to the Industrial Court is only in respect of reinstatement and once reinstatement is no longer applied for the Industrial Court ceases to have any more jurisdiction. 
  • The case was struck off as the court ceases to have any more jurisdiction over the matter. 
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