Is it a checkmate for a company if it fails to state the reason of an employee’s dismissal in his letter of termination?

Is it a checkmate for a company if it fails to state the reason of an employee’s dismissal in his letter of termination?

Perhaps it is not. There may still be a second chance for the company.

Arguably, the company may still subsequently put up the reason for dismissal in court (by way of pleadings) and the court has the right to enquire into the grounds for the termination as decided in the case of City Bayview Hotel Penang, The -V- Eddy Samuel [2004] 3 ILR 364.


Article by:

Mahadi Muhammad (Owner and Principal Partner)
Law Firm: Messrs Mahadi Redzuan & Co (Advocates & Solicitors) Kuala Lumpur
Email: mrco_legalfirm@ yahoo.com.my

Connect with Mahadi on LinkedIn

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2 Comments

  1. Halim Hussin
    Halim Hussin
    , 2017-08-06

    like my old employer, they don’t care, terminate the staff without reason. they willing to go to IR Court instead of seeing the person in the company.

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  2. Yuvarajah Thiagarajah
    Yuvarajah Thiagarajah
    , 2017-08-06

    It’s hard to believe such terminations still exist in the 21st century. Is this a reflect management incompetence or lack of integrity, or sheer poor HRM governance . I also question the very purpose of having laws/regulations if it has no preventive credibility?. Does it serve to sustain a bloated IR bureaucracy?. I have often wonder if the spirit of “equity and good conscience” is only confined to IR courts level?.

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