Question 1

Benny was employed as a sous chef at "The Slice" caf Sdn. Bhd., Penang, a chain of restaurants, with its headquarters in Kuala Lumpur (after this referred to as "The Company").Benny had on many occasions warned the Manager, Maddy that, the gas cylinder attached to the main cooker at the caf was leaking, but nothing was done about this.

Benny could have dealt with this situation himself, but Maddy was all hands-on and liked to do things her way. The Company had also not carried out its regular safety checks for the past six months (safety checks were scheduled technically, once in every three months).

Last week, the gas leak got worse, and when Benny was closing up for the day, he lit a cigarette, whilst standing by the gas cylinder and accidentally dropped the cigarette butt on the way out. The cigarette butt was not fully put out, and the gas cylinder exploded injuring Benny. Benny was rushed to the hospital but suffered severe burns and will need to take medical leave for an extended period to recover.

Benny was also under a lot of pressure as Mary, the Head Chef, had made many unwarranted demands on him.Mary had even made sexually offensive jokes about Benny, who was the only male employee at the caf!

She often, called him, 'honey' or 'darling' in a demeaning way and threatened to give him a bad performance review if he did not go out on a date with her.Benny has made several complaints to the Company's Human Resources Department based in Kuala Lumpur regarding this matter, but The Company has taken no action to date.

Answer part (a)

Part (a)

Could 'The Company' and Maddy be liable to Benny under the law of negligence? Discuss, while making reference to relevant caselaw and principles under Malaysian law.