Ex-manager wins RM1mil from family-run company after stepmom reduces salary
Story by V Anbalagan •
2h


KUALA LUMPUR: The Industrial Court has awarded the manager of a family-run business more than RM1 million in compensation after holding he was entitled to treat himself as constructively dismissed following a legal dispute with his stepmother over the validity of his late father’s will.

Court chairman D Paramalingam found that company director Sim Foo Yoke had wrongfully reduced stepson Wong Jun Kit’s salary beginning October 2018, seven months after the death of his father.

“The salary reduction was first imposed commencing October 2018. It is certainly no coincidence that the Shah Alam High Court suit, wherein the claimant (Jun Kit) challenged the will of the late Wong Kok Wan was also filed in October 2018.

“As pleaded by the claimant, the salary reduction was a retaliation by (Sim) against the claimant for having filed the suit,” the award read.

The court found that Wong Forklift Hire & Services Sdn Bhd had unilaterally reduced Jun Kit’s salary from approximately RM27,500 to RM9,000, and later RM6,000 per month, which it said was a “fundamental breach” of his employment contract.

“No evidence was put forward before this court that the company had consulted the claimant (Jun Kit) before imposing the said reduction in his salary,” Paramalingam said in a 33-page award released today.

He said following the non-receipt of salary for the months of February and March 2019, Jun Kit had acted “reasonably” and in a “timely manner” by demanding the restoration of his full salary the following month, which the company had failed to do.
The claimant was, therefore, justified in walking away from his employment on grounds of constructive dismissal, Paramalingam said.

In its defence, the company, represented by Tan Shao Jia and Brandon Chee, claimed it had reduced Jun Kit’s salary due to a downturn in business. It also alleged that his work performance was unsatisfactory.

However, Paramalingam said, he found that the claimant’s dismissal was not bona fide and made without just cause or excuse.

“The company had not produced any evidence whatsoever of the claimant’s (Jun Kit) purported unsatisfactory performance. The very first time the issue was raised was after the claimant had issued (his) notice of constructive dismissal,” he said in the award.

Paramalingam also found that the company had failed to prove that other employees were also handed a salary reduction.

He said an order for reinstatement to employment was inappropriate due to a total breakdown of trust, confidence and familial relationship between Sim and Jun Kit.

“The company director, who is the claimant’s stepmother, could not see eye-to-eye after he initiated a suit questioning the last will of (his late father),” Paramalingam said.

The court awarded Jun Kit compensation in lieu of reinstatement for RM550,000.00 and another RM660,000 in back wages, subject to a deduction of RM198,000 on account of post-dismissal earnings.

Noting that there is no written contract of employment, Paramalingam computed the compensation based on an average sum of RM27,500 after taking into account evidence that Jun Kit had drawn between RM26,300.00 and RM32,500 per month.

Jun Kit’s late father had started the company’s business of selling, purchasing, renting, repairing and maintaining forklifts in Klang in 1969.

Jun Kit, who was represented by Justin Chin, joined the business as a technician in 1998 when he was 18 years old.

In 2004, he was tasked with managing the company’s branch office in Shah Alam.

https://www.msn.com/en-my/news/national/ex-...c2d4ddadd&ei=10

Stepmom a gold digger?

27,500 per month. Nice

30k cut into 6k .. how about that

good luck to get another 30k job salary

stepson 1
stepmom 0

This post has been edited by RGRaj: Oct 23 2023, 03:11 PM

daddy didnt leave him a good will hunting

Wtf am I doing.

Family businessess mah
Dedikasi

girl cannot do business one. Very emotional. They think with their heart not brain.

Crazy.. When reduction.. No think of implication.. That's why woman can't be boss

Lesson learned: Becareful whom you married. Don't want to be queen controlled when you are cacat or dead.

ni macam games of thrones

padan

Don't get your family members into your business. It's a bad idea.

stepmom, what are you doing?

stepmom ask the stepson nicely, but rejected hard.....therefore, "no profit" as reduction salary due to "unsatisfactory performance " == all collected from the context.

Stepmother jelly and mistreated step son after husband die.

Actually the first wife son should be the heir of the empire.

Stepmother reduce salary from 27.5k to 6k. Now lose 1 million

perhaps stepmum watched too much TVB

The stepmom should not be appointed as director in the first place.

Stong plot for jav

1. Seduce step mom
2. Vape step mom

During wake service or at factory.

This post has been edited by bengang15: Oct 23 2023, 04:39 PM

ni macam yui hatano story

I'm interested to know more about the will part...where's the rest of the story??

coz stepson no service stepmom?

Huat ah

maybe becoz sohai stepson doing nothing want big salary?

3 year salary satu kali mari. So hai step mom.

Noting that there is no written contract of employment,


Didn't know this also works in industrial court. No agreement also can establish employment??

He joined when he was 18 years old maaahh.. budak budak, manatau tertiba stuck jadi managing officer for another branch in Shah Alam after 20 years plus with the co..

This post has been edited by das99990428: Oct 24 2023, 07:51 AM

yea, but im talking from a law perspective. you do need to establish there is an employment contract

but good case, it gives people who never get employment agreement to get justice.

Stepmom nak beli Hermes la

Owai

Stepmom jahat

Exactly 'this is not your father's company to do whatever you want!'

Well it is my husband's company. Now I can do whatever I want. Wrong.

Every move has legal implications even in your own company. You idiot. You don't simply reduce salary, dismiss someone you wish.

True. Very very true. And even there are some, like 1% only, and they are usually special in some kind.

I know a women, daughter of diplomat. Diagnose with dyslexia, dyscalculia, ADHD. Never manage to settle at one place. But damn good in business. Fluent in Malay, Arab, Japan, Korea, Mandarin (well provided that the daddy was a diplomat, so always pindah here and there). CEO and founder of one mental health apps. And pretty too. I always go to her when I have problem in business or need some friendly advice, from business to family matter. Still singles yo, even though close to 36

Can. From the salary you are getting. ie. Every 25th of the month you have been receiving RM27,500.00 for the past few years without fail and that he has received instructions to do this and that indicate he is indeed an employee of the company.

thanks, good to know.