A Muda v Malaysia

A Muda v Malaysia

The claimant's employment and claim were not sufficiently close to governmental functions to constitute an act of sovereign authority; her claim was for pay under a contract and did not engage sovereign authority. The ET's findings of fact and evaluative judgment were correct and contained no error of law.

Parties
Appellant: Mrs A Muda; Respondent: Malaysia
Jurisdiction
England and Wales
Judgment Date
01 May 2026
Procedural Posture
Employment Appeal / Judgment on Cross Appeal
Outcome
cross-appeal dismissed
Legal Topics
State Immunity, Sovereign Authority, Employment Contracts, Unlawful Deduction From Wages, Remedial Orders, Compatibility With ECHR
Employment Law Public International Law Human Rights State Immunity Sovereign Authority Employment Contracts Unlawful Deduction From Wages Remedial Orders +1 more

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Parties

Mrs A Muda

Appellant

Malaysia

Respondent

Procedural Posture

Employment Appeal / Judgment on Cross Appeal

Legal Issues

  1. 1 Whether the claimant's employment was an act of sovereign authority under section 16(1)(aa)(i) State Immunity Act 1978
  2. 2 Whether the claimant's claim involved an act engaging sovereign authority under section 16(1)(aa)(ii) State Immunity Act 1978

Ratio Decidendi

The claimant's employment and claim were not sufficiently close to governmental functions to constitute an act of sovereign authority; her claim was for pay under a contract and did not engage sovereign authority. The ET's findings of fact and evaluative judgment were correct and contained no error of law.

Court Disposition

cross-appeal dismissed

Orders

  • Ground 2 and Ground 3 of the cross-appeal are dismissed.
  • Appeal remains stayed pending remedial order by Government.