ZAINI BIN JAMALUDIN KOLEJ UNIVERSITI ISLAM ANTARABANGSA SELANGOR (KUIAS)

ZAINI BIN JAMALUDIN KOLEJ UNIVERSITI ISLAM ANTARABANGSA SELANGOR (KUIAS)

The High Court allowed the appeal, set aside the Sessions Court judgment and remitted the case for retrial because the trial judge erred in law and principle by deciding the dispute solely on contractual clauses without properly considering employer conduct that may have caused the breach (constructive dismissal/unfair discrimination), by entertaining unpleaded allegations contrary to natural justice, by failing to require proper proof of special damages and by not addressing whether the double-penalty was recoverable absent an express election under clause 11.2; these errors necessitated a fresh trial before a different judge to assess viva voce evidence and credibility on those material...

Citation
BA-12BNCvC-24-02/2020 (Mahkamah Tinggi)
Parties
Appellant / Defendant: Zaini bin Jamaludin; Respondent / Plaintiff: International Islamic University College Selangor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 September 2020
Case Number
BA-12BNCvC-24-02/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court (contract/employment Dispute) / High Court Appellate Decision Remitting Matter for Retrial Before Different Sessions Court Judge
Outcome
Appeal allowed; Sessions Court judgment dated 6.2.2020 set aside; matter remitted for retrial before a different Sessions Court Judge; costs here and below to be borne by the parties respectively
Legal Topics
Scholarship Bond Breach, Constructive Dismissal, Unfair Discrimination, Freedom of Expression (art 10), Equality Before the Law (art 8), Proof of Special Damages, Natural Justice, Forum for Employment Disputes (industrial Court)
Source Language
Malay/English
Contract Law Employment Law Constitutional Law Civil Procedure Evidence Law Scholarship Bond Breach Constructive Dismissal Unfair Discrimination +5 more

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Parties

Zaini bin Jamaludin

Appellant / Defendant

International Islamic University College Selangor

Respondent / Plaintiff

Procedural Posture

Civil Appeal From Sessions Court (contract/employment Dispute) / High Court Appellate Decision Remitting Matter for Retrial Before Different Sessions Court Judge

Legal Issues

  1. 1 Whether appellant breached the scholarship agreement by resigning during bond period
  2. 2 Whether employer's disciplinary actions and transfer amounted to constructive dismissal or unfair discrimination
  3. 3 Whether employer can recover double the costs under clause 11.2 absent an express election to terminate

Ratio Decidendi

The High Court allowed the appeal, set aside the Sessions Court judgment and remitted the case for retrial because the trial judge erred in law and principle by deciding the dispute solely on contractual clauses without properly considering employer conduct that may have caused the breach (constructive dismissal/unfair discrimination), by entertaining unpleaded allegations contrary to natural justice, by failing to require proper proof of special damages and by not addressing whether the double-penalty was recoverable absent an express election under clause 11.2; these errors necessitated a fresh trial before a different judge to assess viva voce evidence and credibility on those material...

Court Disposition

Appeal allowed; Sessions Court judgment dated 6.2.2020 set aside; matter remitted for retrial before a different Sessions Court Judge; costs here and below to be borne by the parties respectively

Orders

  • Set aside Sessions Court judgment dated 6 February 2020
  • Allow appeal of appellant and remit case to Sessions Court for re-trial before a different Sessions Court Judge