Institut Intergriti Malaysia 1. ) Roziah binti Harun 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

Institut Intergriti Malaysia 1. ) Roziah binti Harun 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

On the facts the Institute is an agency of the Prime Minister's Office — established as the operational body for national integrity/anti-corruption policy, funded and overseen by PMO/GIACC, with board and administrative links — therefore s.52 IRA 1967 applies to oust the Industrial Court's jurisdiction and the Institute validly relied on s.29(fa) to have the reference struck out; the High Court erred in quashing the Industrial Court Award and remitting the matter.

Citation
W-01(A)-172-04/2023 (Mahkamah Rayuan)
Parties
Appellant: Institut Integriti Malaysia; First Respondent: Roziah binti Harun; Second Respondent: Mahkamah Perusahaan Malaysia
Court
A
Jurisdiction
Malaysia
Judgment Date
30 July 2024
Case Number
W-01(A)-172-04/2023 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Judgment on Appeal (court of Appeal)
Outcome
Appeal allowed; High Court order of 7 March 2023 set aside; Industrial Court Award No.129/2022 reinstated; case struck out for want of jurisdiction
Legal Topics
Jurisdictional Ouster Under S.52 IRA 1967, Strike Off Power S.29(fa) IRA 1967, Judicial Review (certiorari and Mandamus), Status as Government Agency Vs Company Limited by Guarantee, Statutory Authority, Procedural Requirement to Challenge Minister's Reference (kathiravelu)
Source Language
Malay/English
Industrial Relations Administrative Law Employment Law Constitutional/ Public Law Jurisdictional Ouster Under S.52 IRA 1967 Strike Off Power S.29(fa) IRA 1967 Judicial Review (certiorari and Mandamus) Status as Government Agency Vs Company Limited by Guarantee +2 more

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Parties

Institut Integriti Malaysia

Appellant

Roziah binti Harun

First Respondent

Mahkamah Perusahaan Malaysia

Second Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal (court of Appeal)

Legal Issues

  1. 1 Whether Institut Integriti Malaysia is a government agency within s.52 of the Industrial Relations Act 1967 so as to oust Industrial Court jurisdiction
  2. 2 Whether a jurisdictional objection under s.52 may be raised by s.29(fa) application in the Industrial Court or must be challenged by judicial review (per Kathiravelu)
  3. 3 Whether the Industrial Court and High Court erred in law in their respective findings and remedies

Ratio Decidendi

On the facts the Institute is an agency of the Prime Minister's Office — established as the operational body for national integrity/anti-corruption policy, funded and overseen by PMO/GIACC, with board and administrative links — therefore s.52 IRA 1967 applies to oust the Industrial Court's jurisdiction and the Institute validly relied on s.29(fa) to have the reference struck out; the High Court erred in quashing the Industrial Court Award and remitting the matter.

Court Disposition

Appeal allowed; High Court order of 7 March 2023 set aside; Industrial Court Award No.129/2022 reinstated; case struck out for want of jurisdiction

Orders

  • High Court order dated 7 March 2023 set aside
  • Industrial Court Award No.129/2022 dated 19 January 2022 reinstated