Click HERE for the Mandarin version of the case update.

Wong Keat Ching and Loh Qiao Wen from our Employment & Industrial Relations practice group succeeded in defending Petroliam Nasional Berhad (PETRONAS) in a judicial review at the High Court in respect of the decision made by the Industrial Court in an unfair dismissal claim in the case of Khaw Yao Shun v PETRONAS. Wong Keat Ching and her team defended PETRONAS successfully when the above matter was brought before the Industrial Court, HERE.

Khaw Yao Shun (‘the Applicant’) was a former Executive (Mechanical Engineering), who was charged for a series of misconducts relating to workplace bullying or harassment towards a colleague as well as deliberate damage of the Company’s property, by pouring a beverage onto a colleague’s laptop.

The High Court dismissed the Applicant’s judicial review application and upheld the dismissal of the Applicant. The High Court found that the Industrial Court had made the correct findings regarding the 3 charges of misconduct and that the punishment of dismissal was proportionate in the circumstances, taking into account the seriousness of the misconducts and the lack of remorse by the Applicant. 

For more insight into this area of law, please contact our Partners in Employment & Industrial Relations Practice Group:
P Jayasingam
Wong Keat Ching
Thavaselvi Pararajasingam
Teoh Alvare

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