Question: Colgate - Palmolive Sdn . Bhd . v . Yap Kok Foong ( Award No . 3 6 8 of 1 9 9 8 )

Colgate-Palmolive Sdn. Bhd. v. Yap Kok Foong (Award No.368 of 1998) is a case heard in the Malaysian Industrial Court regarding the termination of an employee under the Employment Act 1955. The case involved a female employee, Yap Kok Foong, who was employed by Colgate-Palmolive Sdn. Bhd. as a machine operator. The employee was dismissed from her employment on the grounds of misconduct and insubordination.
The Industrial Court held that the dismissal of the employee was unfair and unjustifiable. The court found that the employee had not been given a fair chance to explain her side of the story and that the dismissal was based on the employer's personal opinion and not on any evidence or proof of misconduct.
The court awarded the employee compensation for her loss of income and benefits, as well as for the emotional distress and damage to her reputation that she suffered as a result of the unfair dismissal. The award was based on the principle of compensatory damages, which aims to compensate the employee for the harm that she has suffered.
The case highlights the importance of following due process and fair procedures in the termination of employment, and the need for employers to ensure that dismissals are justifiable and based on evidence rather than personal opinions.
Final answer: The case involved a female employee, Yap Kok Foong, who was employed by Colgate-Palmolive Sdn. Bhd. as a machine operator. The employee was dismissed from her employment on the grounds of misconduct and insubordination.
The Industrial Court held that the dismissal of the employee was unfair and unjustifiable. The court found that the employee had not been given a fair chance to explain her side of the story and that the dismissal was based on the employer's personal opinion and not on any evidence or proof of misconduct.
The court awarded the employee compensation for her loss of income and benefits, as well as for the emotional distress and damage to her reputation that she suffered as a result of the unfair dismissal. The award was based on the principle of compensatory damages, which aims to compensate the employee for the harm that she has suffered.
The case highlights the importance of following due process and fair procedures in the termination of employment, and the need for employers to ensure that dismissals are justifiable and based on evidence rather than personal opinions. when, where, civil appeal no of this case

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