Fung Keong Rubber V. Lee Eng Kiat
Constructive Dismissal
Moreover, the case must be applied to the Director General within sixty day of the dismissal because this is one of the procedures that need to apply. When the This case will be failure when respondent didn’t follow the requirements of the court because the court do not have jurisdiction to hear the case. The decision can be given by the court but the decision is turn into unlawful and can be set aside if the court continues to hear the case. Based on the case Fung Keong Rubber v Lee Eng Kiat, where the Respondent had been dismissed on 7th November 1973 because he had been acquitted and former employment and the Appellant reject the respondent application for representation to replacement back to the former employment …show more content…
There is not set formula to be followed on referring the representation to the Director General dismissals which are without just cause or excuse. However, before the industrial Court can exercise jurisdiction, this section 20(1) requires that a workman must at all time seek to be reinstated. In a holiday Inn Kuching v. Lee Chai Siok Elizabeth, the claimant who found gainful employment elsewhere after her dismissal told the court she no longer sought reinstatement but instead compensation in lieu of reinstatement. Haidar 3 ruled that under such circumstances the Industrial Court no longer had jurisdiction to adjudicate the matter. His honour noted …show more content…
An employee denied statutory rights merely because remedy of reinstatement is no longer expedient or otherwise may seek the common law remedy of wrongful dismissal. However an employee’s remedies at common law is limited to the requirements of notice which had either been agreed upon by the contracting parties before or at the time of concluding the contract or if there no such agreement, then what is reasonable notice having regard to the length of service, seniority and so on. The remedies of an employee wrongfully dismissed at common law had been concisely noted in the Sibu Steel’s case where the Industrial Course observed
Moreover, the case must be applied to the Director General within sixty day of the dismissal because this is one of the procedures that need to apply. When the This case will be failure when respondent didn’t follow the requirements of the court because the court do not have jurisdiction to hear the case. The decision can be given by the court but the decision is turn into unlawful and can be set aside if the court continues to hear the case. Based on the case Fung Keong Rubber v Lee Eng Kiat, where the Respondent had been dismissed on 7th November 1973 because he had been acquitted and former employment and the Appellant reject the respondent application for representation to replacement back to the former employment …show more content…
There is not set formula to be followed on referring the representation to the Director General dismissals which are without just cause or excuse. However, before the industrial Court can exercise jurisdiction, this section 20(1) requires that a workman must at all time seek to be reinstated. In a holiday Inn Kuching v. Lee Chai Siok Elizabeth, the claimant who found gainful employment elsewhere after her dismissal told the court she no longer sought reinstatement but instead compensation in lieu of reinstatement. Haidar 3 ruled that under such circumstances the Industrial Court no longer had jurisdiction to adjudicate the matter. His honour noted …show more content…
An employee denied statutory rights merely because remedy of reinstatement is no longer expedient or otherwise may seek the common law remedy of wrongful dismissal. However an employee’s remedies at common law is limited to the requirements of notice which had either been agreed upon by the contracting parties before or at the time of concluding the contract or if there no such agreement, then what is reasonable notice having regard to the length of service, seniority and so on. The remedies of an employee wrongfully dismissed at common law had been concisely noted in the Sibu Steel’s case where the Industrial Course observed