POOSAI PANDIAN GUNASEKARAN AJN ENERGY (M) SDN BHD

POOSAI PANDIAN GUNASEKARAN AJN ENERGY (M) SDN BHD

Where complainants express desire to withdraw but there is no unequivocal waiver, negotiated settlement or prior payment of the disputed wages, the Director General retains jurisdiction under Sections 69 and 70 of the Employment Act to continue inquiry and to order payment; the Employment Act being social legislation must be interpreted liberally in favour of employees, and thus the Presiding Officer's Decision ordering unpaid wages was within jurisdiction and must be affirmed.

Citation
C-04(A)-82-03/2021 (Mahkamah Rayuan)
Parties
Appellants: Poosai Pandian Gunasekaran & 47 Ors.; Respondent: AJN Energy (M) Sdn Bhd
Court
A
Jurisdiction
Malaysia
Judgment Date
11 January 2023
Case Number
C-04(A)-82-03/2021 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (employment/labour) / Determination by Court of Appeal on Appeal From High Court (judgment Delivered)
Outcome
Appeal allowed; High Court order dated 6 November 2019 set aside; Director General of Labour's Order dated 25 January 2019 affirmed.
Legal Topics
Director General's Powers Under Employment Act, Withdrawal of Complaints and Effect on Jurisdiction, Inquiry Procedure Under Employment Act, Interpretation of Social Legislation, Unpaid Wages and Remedies
Source Language
Malay/English
Employment Law Labour/industrial Relations Administrative Law Civil Procedure Director General's Powers Under Employment Act Withdrawal of Complaints and Effect on Jurisdiction Inquiry Procedure Under Employment Act Interpretation of Social Legislation +1 more

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Parties

Poosai Pandian Gunasekaran & 47 Ors.

Appellants

AJN Energy (M) Sdn Bhd

Respondent

Procedural Posture

Civil Appeal (employment/labour) / Determination by Court of Appeal on Appeal From High Court (judgment Delivered)

Legal Issues

  1. 1 Whether Section 69 of the Employment Act confers power on the Director General/Presiding Officer to continue inquiry and decide complaints despite complainants expressing withdrawal
  2. 2 Whether the Presiding Officer may order payment of wages under the employment contract and the Employment Act notwithstanding statements by complainants that they wished to withdraw their complaints

Ratio Decidendi

Where complainants express desire to withdraw but there is no unequivocal waiver, negotiated settlement or prior payment of the disputed wages, the Director General retains jurisdiction under Sections 69 and 70 of the Employment Act to continue inquiry and to order payment; the Employment Act being social legislation must be interpreted liberally in favour of employees, and thus the Presiding Officer's Decision ordering unpaid wages was within jurisdiction and must be affirmed.

Court Disposition

Appeal allowed; High Court order dated 6 November 2019 set aside; Director General of Labour's Order dated 25 January 2019 affirmed.

Orders

  • Set aside High Court order dated 6 November 2019
  • Affirmed Director General of Labour's Order dated 25 January 2019 ordering payment of unpaid wages to the Appellants