Case Study
1. What type of act used in reaching the Verdict of this case? Why? * The act that been used in this case are Act, 1967 under Section 20. This act was used to analyze the case of Teoh Chye Lyn dismissal order by All staff Outsourcing Sdn. Bhd. .
2. What are the factors which are lacking in this case upon reaching the judgment? * Well to be frank, there is no many lacking’s in this case. This case is very short, simple and easy to understand whereby we can clearly see that the claimant is actually not interested working in that particular company. But still there is a little confusion in this case whereby the claimant said that she is forced to be resigned. But yet after a brief analysis in this case it is proven that the claimant is guilty. Therefore this case has low rate of factors which are lacking.
3. If you have the power to be judge, how would you resolve it? * If I have the chance to be the judge I will make sure that the both parties argue in terms of legal and proper way and not fighting. Then I will give judgment based on all the witnesses and evidence after a small analysis between both parties’ arguments. At the same time I will make sure that my judgments are fair to both parties.
4. Do you think is that fair for the employer/employee to be given the judgment? * Yes. Because when the employer and employee unable to solve their problem in between them and file a case then they need to obey the court order. The court will analysis the case and gives an order which is fairer to both parties. Moreover when a third party involve and negotiate to resolve the problem then it will be easier for the employer and employee to come across a better decision making. This matter also helps to avoid bad consequences between employer and employee. Therefore it is fair for them to be given a judgment.
5. If you are the employer, what are the steps you should take in order to overcome this issue? * First step, I will record
2. What are the factors which are lacking in this case upon reaching the judgment? * Well to be frank, there is no many lacking’s in this case. This case is very short, simple and easy to understand whereby we can clearly see that the claimant is actually not interested working in that particular company. But still there is a little confusion in this case whereby the claimant said that she is forced to be resigned. But yet after a brief analysis in this case it is proven that the claimant is guilty. Therefore this case has low rate of factors which are lacking.
3. If you have the power to be judge, how would you resolve it? * If I have the chance to be the judge I will make sure that the both parties argue in terms of legal and proper way and not fighting. Then I will give judgment based on all the witnesses and evidence after a small analysis between both parties’ arguments. At the same time I will make sure that my judgments are fair to both parties.
4. Do you think is that fair for the employer/employee to be given the judgment? * Yes. Because when the employer and employee unable to solve their problem in between them and file a case then they need to obey the court order. The court will analysis the case and gives an order which is fairer to both parties. Moreover when a third party involve and negotiate to resolve the problem then it will be easier for the employer and employee to come across a better decision making. This matter also helps to avoid bad consequences between employer and employee. Therefore it is fair for them to be given a judgment.
5. If you are the employer, what are the steps you should take in order to overcome this issue? * First step, I will record