THOMVELL INTERNATIONAL SDN BHD v JENNIFER MARY MAGDALINE
4 cases cited
(0 SG, 4 foreign)
Outcome
This appeal is dismissed and the finding of the Labour Court is hereby affirmed with costs of RM3,000 subject to allocatur.
Catchwords
Contract — Employment contract — Salary deduction — Employee claimed she did not agree to the deduction — Claim for arrears of her salary against appellant at the Labour Court — Labour Court awarded in favour of the employee — Appeal against award of Labour Court — Whether Labour Court erred in concluding that respondent did not consent to the salary deduction — Whether Labour Court’s finding erroneous — Contracts Act 1950 s 7 Labour Law — Employment — Salary deduction — Claim for arrears of her salary against appellant at the Labour Court — Whether employee is entitled to treat the contract of service as having been breached and claim the balance of salary and termination benefits — Whether there was consensus ad idem —Labour Court awarded in favour of respondent — Appeal against award of Labour Court — Labour Court made a finding of facts that employee did not agree to the salary deduction Labour Law — Trial — Cross-examination — Whether appelant’s failure to challenge the employee on her version of the events during cross-examination amounted to an acceptance of her evidence
Practice Areas
Judges (1)
Statutes Cited
Contracts Act
s 7
Contracts Act 1950
s 7
Cases Cited (4)
UK (1)
[1983] 1 AC 854
MY (3)
[2000] 2 MLJ 144 [2004] 2 MLJ 31 [2022] MLJU 2224
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-16-8-03-2023)