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Wednesday, June 16, 2010

TAN TEK SENG v. SURUHANJAYA PERKHIDMATAN PENDIDIKAN & ANOR.

N.H. Chan JCA:
Phillips J in N. C. Watling & Co. Ltd. v. Richardson [1978] ICR 1049 at pp. 1056, 1057:
"...the industrial tribunal, while using its own collective wisdom is to apply the standard of the reasonable employer; that is to say, the fairness or unfairness of the dismissal is to be judged not by the hunch of the particular tribunal, which (though rarely) may be whimsical or eccentric, but by the objective standard of the way in which a reasonable employer in those circumstances, in that line of business, would have behaved"

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