1. ) INTAN SHAHARZAD BINTI MOHD AZRI 2. ) AHMAD AZIB BIN AHMAD 1. ) KERAJAAN MALAYSIA 2. ) PENGARAH HOSPITAL TELUK INTAN 3. ) DR KHAIRUL BAHARIN BIN MOHD BAHARUDDIN 4. ) DR EDWARD DANIEL A/L JACOB 5. ) KASMANI BIN KADIR 6. ) AHMAD HAILME BI

1. ) INTAN SHAHARZAD BINTI MOHD AZRI 2. ) AHMAD AZIB BIN AHMAD 1. ) KERAJAAN MALAYSIA 2. ) PENGARAH HOSPITAL TELUK INTAN 3. ) DR KHAIRUL BAHARIN BIN MOHD BAHARUDDIN 4. ) DR EDWARD DANIEL A/L JACOB 5. ) KASMANI BIN KADIR 6. ) AHMAD HAILME BI

On disclosure of pregnancy the employer had a statutory and common law duty to assess occupational risk and implement reasonable accommodations; the employer breached that duty by failing to conduct a risk assessment and by unreasonably requiring formal documentation for light duty; that omission materially...

Source-derived case information.

Citation
AA-21NCvC-18-06/2021 (Mahkamah Tinggi)
Parties
First Plaintiff: Intan Shaharzad Binti Mohd Azri; Second Plaintiff: Ahmad Azib Bin Ahmad; First Defendant: Kerajaan Malaysia; Second Defendant: Pengarah Hospital Teluk Intan; Third Defendant: Dr Khairul Baharin Bin Mohd Baharuddin; Fourth Defendant: Dr Edward Daniel a/l Jacob; Fifth Defendant: Kasmani Bin Kadir; Sixth Defendant: Ahmad Hailme Bin Abdul Halim
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 May 2025
Case Number
AA-21NCvC-18-06/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Tort Claim (negligence and Statutory Breach) / Judgment (grounds of Judgment)
Outcome
Judgment for the plaintiffs; first defendant (Government of Malaysia) held vicariously liable for breaches of duty by hospital officers; damages and costs awarded to plaintiffs
Legal Topics
Duty of Care, Statutory Duty Under OSHA 1994, Risk Assessment for Pregnancy, Causation (material Contribution), Psychiatric Injury, Vicarious Liability (government Proceedings Act), Aggravated Damages, Future IVF Costs, Judgment Interest
Tort Employment Law Occupational Safety and Health Law Medical Negligence Vicarious Liability Remedies and Damages Duty of Care Statutory Duty Under OSHA 1994 +7 more

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Parties

Intan Shaharzad Binti Mohd Azri

First Plaintiff

Ahmad Azib Bin Ahmad

Second Plaintiff

Kerajaan Malaysia

First Defendant

Pengarah Hospital Teluk Intan

Second Defendant

Dr Khairul Baharin Bin Mohd Baharuddin

Third Defendant

Dr Edward Daniel a/l Jacob

Fourth Defendant

Kasmani Bin Kadir

Fifth Defendant

Ahmad Hailme Bin Abdul Halim

Sixth Defendant

Procedural Posture

Civil Tort Claim (negligence and Statutory Breach) / Judgment (grounds of Judgment)

Legal Issues

  1. 1 Whether defendants owed and breached common law and statutory duties under OSHA 1994 and Guidelines
  2. 2 Whether the plaintiff properly requested lighter duties and whether defendants wrongly denied accommodation
  3. 3 Whether defendants failed to provide timely medical care during emergency

Ratio Decidendi

On disclosure of pregnancy the employer had a statutory and common law duty to assess occupational risk and implement reasonable accommodations; the employer breached that duty by failing to conduct a risk assessment and by unreasonably requiring formal documentation for light duty; that omission materially increased the risk of miscarriage and caused foreseeable psychiatric injury; the Government is vicariously liable for its officers' breaches; plaintiffs entitled to damages including special, general, aggravated, future IVF costs, costs and interest.

Court Disposition

Judgment for the plaintiffs; first defendant (Government of Malaysia) held vicariously liable for breaches of duty by hospital officers; damages and costs awarded to plaintiffs

Orders

  • Judgment entered for the plaintiffs against the defendants
  • Special damages awarded to plaintiffs in the sum of RM5,273.20