“MC today, jobless tomorrow?” Not so fast, boss!
Following my earlier post on ‘termination during mc (cuti sakit)’. Listed below precedent cases in Malaysia for your referral. Membaca pelita kehidupan ☺️
1. Sia Siew Chin v. Nestle [1996]
Nestle tried to say bye-bye to Sia while she was on sick leave. Court said: “Tak boleh! It’s wrongful dismissal.” Just because she’s on MC doesn’t mean she’s malingering.
2. Goon Kwee Phoy v. J&P Coats (M) Bhd [1981]
Golden rule: Employers must prove misconduct, not just feel it. You can’t just assume MC = ponteng.
3. Subramaniam v. Meru Valley Resort [2003]
Subra was let go while on long-term MC. Court said, “Unless he’s totally unfit to return, you better hold your horses.”
4. Dr. Malini v. KPJ Kajang Specialist Hospital [2011]
Even doctors get the boot—wrongfully. She was on MC; they terminated her. Court’s response? “Pay up.”
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Moral of the story?
MC is not Minta Cuti Suka-suka. Fire someone during sick leave, and you might just end up sick of legal fees.
Thank you for reading.
Faithfully,
Makcik Labor 😎
Thursday, May 8, 2025
MC today, jobless tomorrow?”
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