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Telekom Malaysia Berhad V. Ramli Akim

709 Words3 Pages

For example in the case in the Court of Appeal Case Between Telekom Malaysia Berhad v. Ramli Akim (S-02-800-2005). The case is Case Ref No: [2008] 1 ILR 288 Party 1: Telekom Malaysia Bhd. Party 2: Ramli Akim. Main Topic: Application to Appeal Industrial Court Award/Limitation of Back wages to 24 months. Case Preview: The respondent was an employee of the appellant company when he brought a constructive dismissal case to the Industrial Court against the company. On 1 November 2002, the Industrial Court found in favour of the employee and ordered the company to pay the employee monetary compensation to the total sum of RM296, 670 (which included 53 months Back wages, Loss of Future Earnings of 57 months and Compensation in lieu of Reinstatement …show more content…

Back wages from the date of dismissal to the last date of hearing at the court (up to maximum of two years 2. One month’s wages for every year of service For an employee to prove constructive dismissal has taken place • The employee left his employment • The employer breached a fundamental or major term of his employment contract • The employee left in a timely manner Employers were concerned that the decision in The Ramli Akim case might become a trend. The government was persuaded to amend the industrial Relation Act 2008. A new schedule was added to the Act which states that when deciding upon the amount of compensation to award, the Court. • Not order back wages of more than 12 • Not order back wages of more than 24 months • Not order compensation for loss of future earnings • Deduct some amount from back wages if there is evidence of post-dismissal earnings by the dismissed employee • Take into account any contributory by the employee For an employee to prove constructive dismissal has taken place • The employee left his

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