Business and Commercial Awareness Assignment, Malaysia

Jen began working at DEF Sdn Bhd on January 12, 2020. Due to outstanding performance, he was promoted to Human Resource Manager with a monthly salary of RM5,000. In June 2023, Smith, the company’s accountant, reported to the General Manager that Jen had misappropriated company funds.

Subsequently, the General Manager issued a letter immediately terminating Jen’s employment. Jen denies the allegations and claims that the accountant, Smith, has falsely accused him.

Advise Jen on the following issues:

(a) Can the company immediately terminate Jen’s employment? (5 marks)

(b) Which court has jurisdiction over Jen’s case, and who bears the burden of proof? (5 marks)

(c) Assuming Jen wins his case: How much compensation is he entitled to, and what other remedies might be available to him? (20 marks)

Part B (60 Marks)
Instruction: Answer any THREE (3) questions only.

Question 1

Mr. and Mrs. Albert, while on a holiday tour, booked a room at a resort for one night. Since they planned to leave early the next day, they paid the resort bill in advance. Upon being shown to their room, they noticed a printed notice stating that the resort would not be liable for articles lost or stolen unless handed over for safekeeping.

After unpacking, they locked their room and handed the key to the reception desk. While dining at the restaurant, Mrs. Albert’s valuable pearl necklace was stolen from their locked room by a thief who had obtained the key from the reception desk.

Does Mrs. Albert have a valid claim against the resort? (20 marks)

Question 2

(i) Thina and Govi are partners in a garage and service station. They have a written agreement stating that Thina will provide the capital, while Govi will act as the manager. The agreement also specifies that Govi must not engage in buying or selling second-hand cars.

In breach of this agreement, Govi purchased a second-hand car from Flores but failed to pay her. Flores is now threatening to sue Thina, knowing that he has substantial personal assets.

Advise Thina. (12 marks)

(ii) List and explain four grounds for the dissolution of a partnership. (8 marks)

Question 3

(i) Discuss the case of Salomon v. Salomon & Co. and the Malaysian cases that have adopted its principles. (10 marks)

(ii) Under what circumstances will the court lift the corporate veil? (10 marks)

Question 4

Ian instructed Ruger to store 100 sacks of garlic in Ruger’s warehouse until Ian could find a buyer. Three days later, Ruger discovered that the garlic was beginning to rot. Ruger attempted to contact Ian but learned that he was out of town and unreachable.

Ruger then sold the garlic to local people at a price below the market value. Ruger now intends to claim the expenses incurred from Ian.

Advise Ian. (20 marks)

Question 5

Discuss the statutory provisions that protect consumers under the Sale of Goods Act 1957. Support your answers with relevant case laws. (20 marks)

Answer

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