CASE 1

Genesis Dogma GIDS Sdn. Bhd. (the company) has been incorporated since 2018.
Several few years back, numerous problems occur which involve legal matters
related to their employment.

Sakaria who are senior employee, has been working with the company since it has
been established until now. Unfortunately the company not recognize his effort and
loyalty when the company want to terminate his service and serve him with one’s
week notice. Hence Sakaria arguing that the notice was too short. Human resource
representative stated that since nothing in the contract states that the termination
requires notice, it was nice for the company to even serve the one week’s notice.
Sakaria is now has taken a legal action against the company.

ISSUE :

Whether Sakaria can take legal action towards the company

LAW :

Section 12 in Employment Act employer has the right to dismiss an employee

without assigning any reason providing he gives proper notice.

Section 12 states that where the contract is silent on the length of the notice period
then the notice shall be not less than:

 four weeks' notice if the employee has been so employed for less than two
years on the date on which the notice is given

 six weeks' notice if he has been so employed for two years or more but less
than five years on such date

 eight weeks' notice if he has been so employed for five years or more on such
date

A number of terms and conditions of employment in the Employment Act are

dependent on the employee’s length of service. These include his right to paid sick
leave, annual leave, and termination benefits. The second requirement of the Act
concerning notice prior to termination is that whatever notice period is agreed upon
between the employer and the employee, it must be the same for both parties.
APPLICATION:

In these case Sakaria is a senior employee that working with the company since it
has been establish until now. The company wants to terminate sakaria and give him
one week notice. According to section 12 in Employment Act employer has the right
to dismiss an employee without assigning any reason providing he gives proper
notice. In Sakaria case it should be at least four week notice of termination the
company should give. As a result Sakaria can take legal action towards Genesis
Dogma GIDS Sdn.Bhd.

CONCLUSION:

As a conclusion Sakaria may take legal action towards Genesis Dogma GIDS Sdn.
Bhd because the termination notice was given to Sakaria was too short and the
employer also not paid the indemnity