Goon Kwee Phoy V. J & P Case Summary

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For this case, the court has refer to the case of Goon Kwee Phoy v. J & P (M) Bhd where the authority to give reason on employee’s dismissal is on employer. However, in this case there’s no proper charge against the Claimant. Then, the company concluded that the claimant had misused her position, because of that she was dismissed from the company. The first allegation is the absenteeism and poor attendance. The court then referred to Claimant’s Bundle of Documents (CLB) which is the copy of company calculation of the claimant’s salary. The Claimant questioned Ms Premalatha (the HR and Admin Executive) who the one that prepared it. There is an issued that the company already plan to terminate her before DI and termination letter issued on 31 May 2013. The company just want a reason to terminate her by using her absenteeism and her poor attendance. It was due to her pregnancies problem after she got married and her two pregnancies pregnant. Then the company refused to accept her medical certificates by deducted her annual leave and salary. Letter on 27 May 2013 show that the Claimant had done misconduct act since 2010. On 20 May 2013, Ms Santiriga writes an apology letter to COW2…show more content…
She should received her paid including during her maternity leave. The Claimant should get two months of her last drawn salary for the maternity allowance which is necessary as compensation under Section 30(6) of Industrial Act and Section 44A of EA. Furthermore, the claimant also gets a relief of payment of back wages equivalent to 6 months of her last drawn of salary for the period of the time that she was unemployed. The calculation is according to table

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