Red Sea Housing Malaysia Sdn. Bhd. Chew Soon Beng

Red Sea Housing Malaysia Sdn. Bhd. Chew Soon Beng

The High Court affirmed the Industrial Court: dismissal was not shown to be a genuine redundancy because evidence established the MD post was not abolished at the time of dismissal, the recorded conversation showed MMC's intent to replace the Respondent, and the employer failed to adduce concrete documentary proof of redundancy; no error of law, perversity or failure to appreciate evidence under s33C was demonstrated.

Citation
JA-16A-1-07/2024 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: RED SEA HOUSING MALAYSIA SDN. BHD.; Respondent/defendant: CHEW SOON BENG
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 December 2025
Case Number
JA-16A-1-07/2024 (Mahkamah Tinggi)
Procedural Posture
Appeal Under Section 33 C Industrial Relations Act 1967 (act 177) / High Court Judgment on Appeal
Outcome
Appeal dismissed; Industrial Court Award affirmed
Legal Topics
Redundancy, Unfair Dismissal, Reinstatement Vs Compensation, Burden of Proof, Evidential Weight of Recorded Conversations
Source Language
Malay/English
Employment Law Industrial Relations Civil Procedure Redundancy Unfair Dismissal Reinstatement Vs Compensation Burden of Proof Evidential Weight of Recorded Conversations

Case Brief

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Parties

RED SEA HOUSING MALAYSIA SDN. BHD.

Appellant/plaintiff

CHEW SOON BENG

Respondent/defendant

Procedural Posture

Appeal Under Section 33 C Industrial Relations Act 1967 (act 177) / High Court Judgment on Appeal

Legal Issues

  1. 1 Whether the dismissal was without just cause or excuse
  2. 2 Whether the employer proved genuine redundancy
  3. 3 Whether the recorded telephone conversation showed the true reason for dismissal

Ratio Decidendi

The High Court affirmed the Industrial Court: dismissal was not shown to be a genuine redundancy because evidence established the MD post was not abolished at the time of dismissal, the recorded conversation showed MMC's intent to replace the Respondent, and the employer failed to adduce concrete documentary proof of redundancy; no error of law, perversity or failure to appreciate evidence under s33C was demonstrated.

Court Disposition

Appeal dismissed; Industrial Court Award affirmed

Orders

  • Appeal dismissed
  • Industrial Court Award affirmed (including award of backwages and compensation in lieu of reinstatement)