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  • 4 Asdbsjbcvjbuodhasodhaiodh

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    Gian Luigi Katigbak
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    The Industrial Court would inquire into three aspects if an employer refers a retrenchment case to them: (1) whether the retrenchment was justified, (2) if the employer's stated grounds are factual, and (3) if the retrenchment order was made in bad faith or to victimise the employee. The burden is on the employer to prove to the court's satisfaction that a redundancy situation existed in the company and the employee's job functions or duties had ceased or diminished significantly making the job no longer available. In a previous case, the Industrial Court stated that the employer must provide concrete proof of redundancy as the burden is on them to demonstrate actual redundancy justified the dismissal.

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    The Industrial Court would inquire into three aspects if an employer refers a retrenchment case to them: (1) whether the retrenchment was justified, (2) if the employer's stated grounds are factual, and (3) if the retrenchment order was made in bad faith or to victimise the employee. The burden is on the employer to prove to the court's satisfaction that a redundancy situation existed in the company and the employee's job functions or duties had ceased or diminished significantly making the job no longer available. In a previous case, the Industrial Court stated that the employer must provide concrete proof of redundancy as the burden is on them to demonstrate actual redundancy justified the dismissal.

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    11 views1 page

    4 Asdbsjbcvjbuodhasodhaiodh

    Uploaded by

    Gian Luigi Katigbak
    The Industrial Court would inquire into three aspects if an employer refers a retrenchment case to them: (1) whether the retrenchment was justified, (2) if the employer's stated grounds are factual, and (3) if the retrenchment order was made in bad faith or to victimise the employee. The burden is on the employer to prove to the court's satisfaction that a redundancy situation existed in the company and the employee's job functions or duties had ceased or diminished significantly making the job no longer available. In a previous case, the Industrial Court stated that the employer must provide concrete proof of redundancy as the burden is on them to demonstrate actual redundancy justified the dismissal.

    Copyright:

    © All Rights Reserved
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    Therefore, if the matter is referred to the Industrial Court, the court would inquire: (a) whether the

    retrenchment was justified in the circumstances of the case; (b) whether the grounds given by the
    employer are true; and (c) whether the order of retrenchment was motivated by bad faith and a desire
    to victimise or harass the workman who for some ulterior reasons the employer wanted to discharge or
    dismiss. The burden is on the employer to establish to the satisfaction of the court that there was a
    redundancy situation in the company and that the requirement of the job functions of the employee
    had ceased or greatly diminished to the extent that the job no longer existed.48 The Industrial Court in
    Food Specialities (M) Sdn Bhd v Esa bin Haji Mohamad,49 stated: The company must come to the Court
    with concrete proof of redundancy, for the burden is on it to prove there was actual redundancy on
    which the dismissal was justifiably grounded. Were it not so, any employer could use the exercise of
    reorg

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