What Colgate Palmolive v Yap Means For You
The case explaining the two parts of every unfair dismissal complaint.
What the case decided
Colgate Palmolive (M) Sdn Bhd v Yap Kok Foong is a High Court case from 2001. It is reported in the Current Law Journal (CLJ) at [2001] 3 CLJ 298, and clarifies the structure of a Section 20 complaint.
The court broke the complaint into two elements. A worker must first show that a dismissal occurred, and then show that it was without just cause or excuse.
Any act that has the effect of ending the employment contract can count as a dismissal.1
What the principle means plainly
These are two different questions, and they are answered in order.
The first asks whether your employment was ended at all.
The second, which only matters once the first is answered yes, asks whether that ending was fair.
What it means for a worker
If your employer says you resigned or your contract simply ended, expect this first question to be argued hard.
Note who told you your job had ended, when, and in what words.
Keep every message and letter around the ending of your job, because they show how it actually happened.
Once a dismissal is established, the focus moves to whether your employer had just cause or excuse for it.
Where this fits in a claim
This case sits at the entry point of an unfair dismissal claim and is argued alongside constructive dismissal cases.
Your outcome depends on your own facts, and no result is promised.
The 60-day window under Section 20 still applies, so check the deadline calculator early.
If your employer says you were never dismissed but you believe you were, an independent employment lawyer can review what happened. They can act on your claim if the facts support it.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
What did Colgate Palmolive v Yap Kok Foong establish?
The case explained that a Section 20 complaint has two elements. First, that the worker was dismissed. Second, that the dismissal was without just cause or excuse. Any act ending the employment contract can count as a dismissal.
Why does it matter whether a dismissal happened at all?
Before the fairness question is even reached, the Industrial Court needs to be satisfied a dismissal occurred. In situations like forced resignation or a contract not being renewed, this first question can be contested.
Does this case apply to forced resignation cases?
Yes, it is cited alongside constructive dismissal authorities because the same first question arises, whether what happened counts as a dismissal in law.
Sources
- A Section 20 complaint has two elements: that the worker was dismissed, and that the dismissal was without just cause or excuse, and any act that has the effect of ending the employment contract can count as a dismissal. Mah Weng Kwai & Associates
Keep reading
If your employer says you were never dismissed but you believe you were, an independent employment lawyer can review what happened. They can act on your claim if the facts support it.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.