Friday, April 24, 2009

EMPLOYEE WINS THE CASE

YAP SWEE CHIANG V SISTEM PERNERBANGAN MALAYSIA[Case No:6/4-874/06]
"...The crew members of flight MH73 should also have been called to confirm the presence of the goods in the Employee's trolley bag.Again this had not been done.The Company's failure to call material witnesses and adduce vital evidence to establish its case left the Court with no choice but to invoke S114(g)of the Evidence Act 1950 and draw an adverse inference against it."

COURT HELD:Dismissal without just cause or excuse-Employee awarded backwages and compensation in lieu of re-instatement in the sum of RM230,197.50 JUDGE:SITI SALEHA ABU BAKAR

With due respects,the lawyers who represented MAS did a shoddy performance in Court.For starters,lawyers should off their bloody handphones when Court is in session.You are not above the law.
Recommended reading for Industrial Court Lawyers."The Law on Domestic Inquiries & Dismissals" By Dr. Syed Ahmad Idid.

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Kuala Lumpur, Selangor, Malaysia
Origin- Penang.Came to KL in 80's to study theology.Threw away my religious books after 4 years to read Law.