Case Update: Court of Appeal considers whether an employer can dismiss an employee for insubordination

Case Updates (FB)

In this Case Update series, I share summaries of recent Malaysian court decisions to explore the current approach taken by the courts when deciding on employment-related issues. You can find all the posts in the series by clicking here, including case updates on other legal areas by TheMalaysianLawyer co-founder Lee Shih.

Insubordination is where an employee wilfully disobeys or ignores an employer’s legitimate instructions. Malaysia’s Industrial Court has established via many previous decisions that insubordination is capable of being a serious misconduct which is sufficient to destroy the employment relationship and justify a dismissal.

However, as is the case for employee misconduct in general, not all instances of insubordination will amount to just cause for an employer to dismiss an employee. The Court of Appeal considered this issue in Ngiam Geok Mooi v. Pacific World Destination East Sdn Bhd [2016] 6 CLJ 395.

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10 Must-Read Appellate Advocacy Tips: The Malaysian Perspective

I have set out below 10 appellate advocacy tips. They focus on the skills of arguing before the Court of Appeal and the Federal Court.

Some of these lessons have been passed down from senior counsel I have worked with. Some are based from my own observations or tips gleamed from the judiciary at various conferences. I cannot take credit for these tips but I do hope that they came in useful. Any errors are my own.

Ultimately, there is no substitute for being on your feet, making your submissions, learning from each experience and developing your own style.

(Photo by: Shane Mahood/USA Network)
(Photo by: Shane Mahood/USA Network)

Read about knowing the battlefield, winning the battle through written advocacy, starting strong in your oral advocacy and building your reputation.

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