2safdlfasmpbcnlkvdsmcivnTherefore, if the matter is referred to the Industrial Court, the court would

inquire: (a) whether the retrenchment was justified in the circumstances of the case; (b) whether the
grounds given by the employer are true; and (c) whether the order of retrenchment was motivated by
bad faith and a desire to victimise or harass the workman who for some ulterior reasons the employer
wanted to discharge or dismiss. The burden is on the employer to establish to the satisfaction of the
court that there was a redundancy situation in the company and that the requirement of the job
functions of the employee had ceased or greatly diminished to the extent that the job no longer
existed.48 The Industrial Court in Food Specialities (M) Sdn Bhd v Esa bin Haji Mohamad,49 stated: The
company must come to the Court with concrete proof of redundancy, for the burden is on it to prove
there was actual redundancy on which the dismissal was justifiably grounded. Were it not so, any
employer could use the exercise of reorg

Therefore, if the matter is referred to the Industrial Court, the court would inquire: (a) whether the
retrenchment was justified in the circumstances of the case; (b) whether the grounds given by the
employer are true; and (c) whether the order of retrenchment was motivated by bad faith and a desire
to victimise or harass the workman who for some ulterior reasons the employer wanted to discharge or
dismiss. The burden is on the employer to establish to the satisfaction of the court that there was a
redundancy situation in the company and that the requirement of the job functions of the employee
had ceased or greatly diminished to the extent that the job no longer existed.48 The Industrial Court in
Food Specialities (M) Sdn Bhd v Esa bin Haji Mohamad,49 stated: The company must come to the Court
with concrete proof of redundancy, for the burden is on it to prove there was actual redundancy on
which the dismissal was justifiably grounded. Were it not so, any employer could use the exercise of
reorg