PRE-TRIAL
PREPARATION
PART 2.
COMPLAINT
 First information report
 Type-verbal or in writing
 By whom
 Gist of report
 Action by receiver
 Whether...
INVESTIGATION
 Reason to commence investigation
 Breach – criminal / company’s
 Ingredients of breach
 Evidence – oral...
SHOW CAUSE
 Must be based on outcome of investigation
 There is prima facie evidence
 Specific allegation of facts
 ie...
CHARGES
 Should be immediately prepared upon
completion of investigation
 Requirements ;
 That you ….on such a date /ti...
CASES 0N CHARGES
 Colgate Palmolive(M) Sdn Bhd v Yap Shyan
Meng Award no 660/2007
 Lim Ean Choo & 120 Ors v Tadika Tzu Y...
CONCILIATION AND REFERENCE
 Provisions of section 20.
 Conciliate – meaning
 Third party – to get parties to compromise...
-THE END-
of 8

Managing Dismissal Cases - Pretrial preparation

Speech by Dato' Jalaldin b Hussain (Chairman Industrial Court, Malaysia (Rtd)) & Tuan Mohd Khalid Atan (President, MTUC), given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015
Published on: Mar 4, 2016
Published in: Law      
Source: www.slideshare.net


Transcripts - Managing Dismissal Cases - Pretrial preparation

  • 1. PRE-TRIAL PREPARATION PART 2.
  • 2. COMPLAINT  First information report  Type-verbal or in writing  By whom  Gist of report  Action by receiver  Whether serious enough to warrant investigation  Specific or general (act or person)
  • 3. INVESTIGATION  Reason to commence investigation  Breach – criminal / company’s  Ingredients of breach  Evidence – oral / documentary /computer  Corroborative Evidence  Circumstancial Evidence  Prima Facie case  Reasonable ground for suspect /suspension
  • 4. SHOW CAUSE  Must be based on outcome of investigation  There is prima facie evidence  Specific allegation of facts  ie; act , time and place  Specific breach of what provision  Eg ; terms and conditions ,rule or regulation  Reasonable time to response  Reminder of consequence of inaction
  • 5. CHARGES  Should be immediately prepared upon completion of investigation  Requirements ;  That you ….on such a date /time /place…  Did……….(what specific act )……  Which contravenes …….(provision)….of your  Employment contract… (terms/ condition/rule or regulation )
  • 6. CASES 0N CHARGES  Colgate Palmolive(M) Sdn Bhd v Yap Shyan Meng Award no 660/2007  Lim Ean Choo & 120 Ors v Tadika Tzu Yu  Award no 1687/2008.  Kelana Sidek v Petronas Maritime Services  Award no ; 1472/2010  Ng Wei Hock v MP E- Worldwide  Award no ; 859/2011
  • 7. CONCILIATION AND REFERENCE  Provisions of section 20.  Conciliate – meaning  Third party – to get parties to compromise  Time limit – 60 days  Minister’s discretion S 20 (3)  Proper or not to refer  Question of law or fact.
  • 8. -THE END-

Related Documents