Is it a checkmate for a company if it fails to state the reason of an employee’s dismissal in his letter of termination?

Is it a checkmate for a company if it fails to state the reason of an employee’s dismissal in his letter of termination?

Perhaps it is not. There may still be a second chance for the company.

Arguably, the company may still subsequently put up the reason for dismissal in court (by way of pleadings) and the court has the right to enquire into the grounds for the termination as decided in the case of City Bayview Hotel Penang, The -V- Eddy Samuel [2004] 3 ILR 364.

Article by:

Mahadi Muhammad (Owner and Principal Partner)
Law Firm: Messrs Mahadi Redzuan & Co (Advocates & Solicitors) Kuala Lumpur
Email: mrco_legalfirm@ yahoo.com.my

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