NOR ASMA BINTI JOHOR 1. ) MAHKAMAH PERUSAHAAN MALAYSIA 2. ) FELDA D'SAJI SDN. BHD.

NOR ASMA BINTI JOHOR 1. ) MAHKAMAH PERUSAHAAN MALAYSIA 2. ) FELDA D'SAJI SDN. BHD.

The High Court held the Industrial Court's award was vitiated by Wednesbury unreasonableness for failing to consider that the applicant was not paid salary after the six‑month unpaid leave expired; non‑payment constituted a fundamental breach amounting to constructive dismissal, warranting certiorari to quash the Award and remittal to the Industrial Court to determine remedies.

Citation
WA-25-489-09/2022 (Mahkamah Tinggi)
Parties
PEMOHON: NOR ASMA BINTI JOHOR; RESPONDEN: MAHKAMAH PERUSAHAAN MALAYSIA; RESPONDEN: FELDA D'SAJI SDN. BHD.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 March 2024
Case Number
WA-25-489-09/2022 (Mahkamah Tinggi)
Procedural Posture
Judicial Review of Industrial Court Award / High Court Judgment on Certiorari and Remittal to Industrial Court
Outcome
Award of the Industrial Court dated 9.6.2022 quashed by certiorari; matter remitted to the Industrial Court for determination of appropriate remedies; costs fixed
Legal Topics
Constructive Dismissal, Unpaid Leave/furlough, Economic Duress, Certiorari, Wednesbury Unreasonableness, Perkeso/erp Benefits
Source Language
Malay/English
Employment Law Industrial Relations Administrative Law Judicial Review Constructive Dismissal Unpaid Leave/furlough Economic Duress Certiorari +2 more

Case Brief

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Parties

NOR ASMA BINTI JOHOR

PEMOHON

MAHKAMAH PERUSAHAAN MALAYSIA

RESPONDEN

FELDA D'SAJI SDN. BHD.

RESPONDEN

Procedural Posture

Judicial Review of Industrial Court Award / High Court Judgment on Certiorari and Remittal to Industrial Court

Legal Issues

  1. 1 Whether the applicant was constructively dismissed by the employer
  2. 2 Whether the Consent Letter was voluntary or vitiated by economic duress
  3. 3 Whether non-payment of salary after expiry of furlough constituted fundamental breach

Ratio Decidendi

The High Court held the Industrial Court's award was vitiated by Wednesbury unreasonableness for failing to consider that the applicant was not paid salary after the six‑month unpaid leave expired; non‑payment constituted a fundamental breach amounting to constructive dismissal, warranting certiorari to quash the Award and remittal to the Industrial Court to determine remedies.

Court Disposition

Award of the Industrial Court dated 9.6.2022 quashed by certiorari; matter remitted to the Industrial Court for determination of appropriate remedies; costs fixed

Orders

  • Order of certiorari quashing the Industrial Court Award dated 9.6.2022
  • Matter remitted to the Industrial Court to determine and award appropriate remedies to the applicant