JCW

This is an Industrial Court case. Justin was the counsel for Kenanga (the Company) and assisted by Alvin. The case involved the Company’s application to amend its Statement In Reply to inter-alia include purported misrepresentation as a ground for the Plaintiff’s dismissal. More importantly, the novel point of law involved was whether the purported misrepresentation could be included as it was only discovered after the Claimant’s dismissal. We took the issue on behalf of the Company that such matters discovered after the employee’s dismissal is still relevant. The Court, in considering s30(5) of the Industrial Relations Act 1967, allowed the Defendant’s application to amend its Statement in Reply, save for the paragraphs relating to this purported “misrepresentation” discovered after the dismissal of the Claimant has transpired. Note : On appeal by the Company to the High Court for review on this point, where Alvin was the counsel, the judicial review application was allowed by the High Court and the purported misrepresentation was allowed to be included in the Statement In Reply even though this purported misrepresentation was only discovered after the employee’s dismissal.