Termination Simpliciter, a Dismissal Without Just Cause and Excuse? An Analysis of Omar bin Othman v Kulim Advanced Technologies Sdn Bhd (previously known as KTPC Technologies Sdn Bhd) [2019] 1 MLJ 625 (CA)
Ashgar Ali Ali Mohamed1, Mohammad Naqib Ishan Jan2, Farheen Baig Sardar Baig3, Muhamad Hassan Ahmad4
1Prof. Dr. Ashgar Ali Ali Mohamed, International Islamic University Malaysia (IIUM)
2Prof. Dr. Mohammad Naqib Ishan Jan, International Islamic University Malaysia (IIUM)
3Assoc. Prof. Dr. Farheen Baig Sardar Baig, International Islamic University Malaysia (IIUM)
4Asst. Prof. Dr. Muhamad Hassan Ahmad, International Islamic Unive rsity Malaysia (IIUM)
Manuscript received on 09 June 2019 | Revised Manuscript received on 14 June 2019 | Manuscript Published on 08 July 2019 | PP: 581-585 | Volume-8 Issue-8S3 June 2019 | Retrieval Number: H11320688S319/19©BEIESP
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© The Authors. Blue Eyes Intelligence Engineering and Sciences Publication (BEIESP). This is an open-access article under the CC-BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/)
Abstract: The employment relationship at common law is contractual where the employer may end the employment relationship by giving notice of termination and without assigning reasons. But where the employee had committed gross misconduct such as immorality at the workplace, insolence, insubordination or other criminal conduct, the employer may summarily and without notice dismiss the worker. The only requirement for the employer to establish is that the worker has been guilty of gross misconduct which renders the further continuation of the employment relationship impossible. The burden of proving misconduct justifying summary dismissal is on the employer on the balance of probabilities. As from the above, the term ‘termination’ of service and a ‘dismissal’ have different connotations.
Keywords: Relationship, Employer, Advanced Technologies
Scope of the Article: Healthcare Informatics