MOHAMAD RIZUAN BIN RAZAK (NO. K/P: 751201-02-6037) BANK SIMPANAN NASIONAL

MOHAMAD RIZUAN BIN RAZAK (NO. K/P: 751201-02-6037) BANK SIMPANAN NASIONAL

The appeal was allowed because the civil court has no jurisdiction to grant reinstatement or award back wages for unfair dismissal; those remedies are statutory under s.20 IRA and therefore the Writ and Statement of Claim disclosed no valid cause of action and must be struck out.

Citation
PA-12ANCvC-33-10/2020 (Mahkamah Tinggi)
Parties
Appellant/defendant: Bank Simpanan Nasional; Respondent/plaintiff: Mohamad Rizuan bin Razak
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 January 1900
Case Number
PA-12ANCvC-33-10/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / Judgment on Striking Out Application
Outcome
Appeal allowed
Legal Topics
Unfair Dismissal, Wrongful Dismissal, Reinstatement, Back Wages, Jurisdiction, Strike Out (order 18 Rule 19)
Source Language
Malay/English
Employment Law Civil Procedure Industrial Relations Unfair Dismissal Wrongful Dismissal Reinstatement Back Wages Jurisdiction +1 more

Case Brief

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Parties

Bank Simpanan Nasional

Appellant/defendant

Mohamad Rizuan bin Razak

Respondent/plaintiff

Procedural Posture

Civil Appeal From Sessions Court / Judgment on Striking Out Application

Legal Issues

  1. 1 Whether the civil court has jurisdiction to hear unfair dismissal claims and order reinstatement and back wages
  2. 2 Whether the Writ and Statement of Claim disclose a valid cause of action in light of statutory remedies under the Industrial Relations Act
  3. 3 Whether striking out under Order 18 Rule 19 RC 2012 is appropriate

Ratio Decidendi

The appeal was allowed because the civil court has no jurisdiction to grant reinstatement or award back wages for unfair dismissal; those remedies are statutory under s.20 IRA and therefore the Writ and Statement of Claim disclosed no valid cause of action and must be struck out.

Court Disposition

Appeal allowed

Orders

  • Writ and Statement of Claim struck out (struck off)