ISMAIL BIN AHMAD 1. ) CELCOM NETWORKS SDN BHD 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

ISMAIL BIN AHMAD 1. ) CELCOM NETWORKS SDN BHD 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

Court of Appeal allowed the appeal, holding the Industrial Tribunal and High Court failed to give proper weight to the fact the employer dismissed the applicant without giving particulars of allegations or an opportunity to be heard; the confirmation of dismissal was infected by illegality, irrationality and procedural impropriety; Award No.2510 is quashed and remitted to the Industrial Tribunal to assess compensation in lieu of reinstatement; costs awarded to applicant.

Citation
W-01(A)-565-10/2020 (Mahkamah Rayuan)
Parties
Perayu / Applicant: Ismail bin Ahmad; Respondent 1 / Employer: Celcom Networks Sdn Bhd; Respondent 2 / Industrial Tribunal: Mahkamah Perusahaan Malaysia
Court
A
Jurisdiction
Malaysia
Judgment Date
19 November 2021
Case Number
W-01(A)-565-10/2020 (Mahkamah Rayuan)
Procedural Posture
Appeal From Judicial Review / Court of Appeal Judgment
Outcome
Appeal allowed; High Court decision set aside; Award No.2510 quashed and matter remitted to Mahkamah Perusahaan for assessment of damages in lieu of reinstatement
Legal Topics
Natural Justice, Procedural Fairness, Unfair Dismissal, Certiorari, Remedies (reinstatement Vs Compensation)
Source Language
Malay/English
Administrative Law Employment Law Industrial Relations Judicial Review Natural Justice Procedural Fairness Unfair Dismissal Certiorari +1 more

Case Brief

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Parties

Ismail bin Ahmad

Perayu / Applicant

Celcom Networks Sdn Bhd

Respondent 1 / Employer

Mahkamah Perusahaan Malaysia

Respondent 2 / Industrial Tribunal

Procedural Posture

Appeal From Judicial Review / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the applicant was denied natural justice (audi alteram partem) before suspension and summary dismissal
  2. 2 Whether the Industrial Tribunal's (Respondent 2) award confirming dismissal was vitiated by illegality, irrationality or procedural impropriety
  3. 3 Whether the High Court erred in refusing judicial review/ certiorari

Ratio Decidendi

Court of Appeal allowed the appeal, holding the Industrial Tribunal and High Court failed to give proper weight to the fact the employer dismissed the applicant without giving particulars of allegations or an opportunity to be heard; the confirmation of dismissal was infected by illegality, irrationality and procedural impropriety; Award No.2510 is quashed and remitted to the Industrial Tribunal to assess compensation in lieu of reinstatement; costs awarded to applicant.

Court Disposition

Appeal allowed; High Court decision set aside; Award No.2510 quashed and matter remitted to Mahkamah Perusahaan for assessment of damages in lieu of reinstatement

Orders

  • Allow appeal and set aside the High Court judgment
  • Grant certiorari quashing Award No.2510 (17.9.2019) of the Mahkamah Perusahaan