Deleum Primera Sdn Bhd’s Termination And Lay-Off Benefits Suit

Zul Rafique & Partners represented Deleum Primera Sdn Bhd in the High Court.

The Respondents in this case were employed with the Appellant under fixed term Contracts of Service which, respectively, ended upon the expiry of the specified period stated in the contract.

The Respondents subsequently filed claims for termination benefits under Regulations 3 and 4 of the 1980 Regulations pursuant to s.69(1) of the Employment Act 1955. The Learned Assistant Director of Labour (“ADL”) allowed the Respondents’ claims. Being dissatisfied with the decision of the ADL, the Appellant appealed to the High Court.

The issue before the High Court was whether the Respondents were eligible to receive termination benefits under Regulations 3 and 4 of the 1980 Regulations given that the fixed term contracts of service ended upon expiry of the contract period and was not otherwise terminated in accordance with the contract terms.

The Appellant successfully argued that the Respondents’ respective contracts were not “terminated” but simply ended on expiration of the specific contract period pursuant to s.11 of the Employment Act 1955.

The Zul Rafique team was led by P Jayasingam (Picture) and Thavaselvi Pararajasingam. 

Involved fees earner: P Jayasingam – Zul Rafique & Partners; Thavaselvi Pararajasingam – Zul Rafique & Partners;

Law Firms: Zul Rafique & Partners;

Clients: Deleum Primera Sdn Bhd;

Sonia Carcano

Author: Sonia Carcano