HR Without Case Law?

HR Without Case Law? That’s Just HR with Vibes.

Listen, HRians — quoting the Employment Act is nice, but when things hit the fan, it’s precedent cases that save your HR behind.

IR Court doesn’t care about “we thought we followed the law.” They care about what’s been decided before. If you don’t know what happened in Hong Leong, Colgate, or Kumpulan Perangsang — you’re basically guessing in court. And guess what? The court hates guesses.

Case law is your GPS in the jungle of industrial disputes. Without it, you’re just walking in circles… in heels 😆😆😆

So read up. Or lawyer up.

Here are some notable labor/industrial court cases in Malaysia where employers won, establishing key legal precedents:

1. Hong Leong Equipment Sdn Bhd v Liew Fook Chuan [1996] 1 MLJ 481

Issue: Dismissal for misconduct
Decision: Employer won
Principle: The court upheld that an employer has the right to dismiss an employee for serious misconduct, particularly dishonesty. The Industrial Court will not interfere if due process is followed.

2. Kumpulan Perangsang Selangor Bhd v Zaid Mohd Noh [2004] 3 ILR 914

Issue: Retrenchment
Decision: Employer won
Principle: The employer was found to have followed the Last-In-First-Out (LIFO) principle fairly and the retrenchment was done in good faith and for genuine reasons.

3. Colgate Palmolive (M) Sdn Bhd v Yap Kok Foong [1998] 3 ILR 73

Issue: Dismissal for sexual harassment
Decision: Employer won
Principle: Dismissal was upheld as sexual harassment was proven through a fair domestic inquiry. The case confirmed employers’ rights to dismiss in such situations.

4. Hewlett Packard (M) Sdn Bhd v Nurul Syuhada Bt Abdul Aziz [2003] 3 ILR 912

Issue: Fixed-term contract
Decision: Employer won
Principle: It was held that the contract was genuinely fixed-term. Hence, non-renewal was not a dismissal, and the employer was not bound to continue employment.

5. Subang Jaya Medical Centre v Mah Sing Yuen [2010] 2 ILR 905

Issue: Absenteeism
Decision: Employer won
Principle: Chronic absenteeism without valid reasons constituted serious misconduct and justified dismissal. Employer followed due process.

These cases illustrate that employers can win if they:
• Prove just cause and excuse
• Follow proper procedures (e.g., domestic inquiry)
• Have clear policies and documentation
• Act in good faith

Membaca jambatan ilmu ✌🏻

Faithfully,

Makcik Labor 😎