SIBU, July 27 ― The High Court here yesterday ordered a food court operator to pay RM10,368.08 to her former employee after her appeal against a Labour Court decision was dismissed.
High Court Judge Wong Siong Tung made the decision after finding no compelling reason to consider the Labour Court’s finding as unreasonable or perverse, warranting the interference of the appellate court.
“Therefore, this court is not convinced that this appeal should be allowed. This court therefore dismisses the appeal,” Wong ordered.
He also ordered the appellant pay the respondent costs in the sum of RM2,000 subject to and with an allocatur fee.
On November 25, 2022, the Labour Court in Mukah ordered the food court operator to pay her former employee RM10,368.08 for terminating her without reason and without compensation.
From that amount, RM6,706.80 was the dismissal payment, while RM3,661 was the eight-week termination notice.
According to proceedings during the hearing at the Labour Court, an issue occurred when the employee mistakenly put salt in a drink instead of sugar and served it to a customer on September 8, 2022.
The employee’s service was then terminated on September 9, 2022 without any reason given.
Based on Section 12(2)(c) of the Labour Ordinance, the employer had to give the employee eight weeks’ notice since she had been employed for at least five years.
Under the Labour Rules (Sarawak) (Termination and Lay-Off Benefits) 2008, the employee is entitled to 20 days of wages since she had been employed for at least five years. ― Borneo Post
