As a permanent employee, I have submitted "constructive dismissal" due to the last month April 2013 salary was not paid by the company.
After filing the case as the small claim at Kuala Lumpur (KL) Magistrate Court, I got the judgment in default (penghakiman ingkar) on 21/8/2013 with defendant has to pay me (plaintiff RM4,550 + costs RM100).
On the 17/12/2013, today , defendant file the "Application to set aside default judgment" (Permohonan batal penghakiman ingkar). Then now I need to reply the affidavit. Defendant is a company which can hire lawyer to draft the letter but me I am unemployed and still waiting for the unpaid salary.
Please advice how can I proceed form here?
1. Does defendant have the right to strikeout my "Penghakiman Engkar"? Defendant only fill the "Permohonan batal penghakiman engkar" 1 day before the case proceeding which was on 16/12/2013.
2. Anyone can help to guide me or draft the document?
Constructive Dismissal: Small claim judgment in favor of employee. Employer applies to set aside Default Judgment. How to proceed?
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asked on Dec 17, 2013 at 17:27
edited on Aug 24, 2016 at 03:44
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