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Poor Performance Termination

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asked on Apr 10, 2014 at 16:12
by   mani
I was employed by a foreign company but the letter of appointment was issued by the local (Malaysia) registered subsidiary. I was terminated for reasons of poor performance. In addition to taking the local subsidiary to court, I would also like to file to bring in the actual employer (the foreign head office) to our local courts. However I understand the labor courts do not have jurisdiction over the foreign companies. My issue is I am sure there would have been cases of similar nature, whereby foreign companies would have been successfully brought under the local labor courts jurisdiction. Where could I go and read and obtain info on such matters (involving jurisdiction etc)?
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answered on Apr 11, 2014 at 22:23
by   arun1011
Hi there

Unfortunately the Industrial Relations Act does not confer extra territorial jurisdiction and as such you can't get any remedy from the foreign company at the Industrial Court. If you want a case, i can share a link to you.
http://malaysianlaw.my/attachments/Wolfgang_v_Atwood_98260.pdf
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