Malaysia Airports Sdn Bhd 1. ) Suria Darma Bin Suwardi Resodinomo 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

Malaysia Airports Sdn Bhd 1. ) Suria Darma Bin Suwardi Resodinomo 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

The High Court allowed the judicial review because the Industrial Court's decision was irrational and legally flawed: the Chairman failed to give proper consideration to the valid internal inquiry findings and witness evidence such that the Industrial Court's reinstatement orders could not stand; therefore the...

Source-derived case information.

Citation
PA-25-56-12/2021 (Mahkamah Tinggi)
Parties
Applicant: Malaysia Airports Sdn Bhd; Respondent: Suria Darma bin Suwardi Resodinomo; Respondent: Muhammad Asyraf bin Haji Mohd Saad; Respondent: Mahkamah Perusahaan Malaysia
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 October 2022
Case Number
PA-25-56-12/2021 (Mahkamah Tinggi)
Procedural Posture
Judicial Review (semakan Kehakiman) / Hearing and Judgment in High Court on Judicial Review Applications
Outcome
Judicial review allowed; Industrial Court awards quashed; dismissals of the two employees upheld; costs awarded to applicant
Legal Topics
Unfair Dismissal, Judicial Review, Internal Disciplinary Inquiry, Certiorari, Proportionality of Punishment, Natural Justice
Employment Administrative Law Industrial Relations Unfair Dismissal Judicial Review Internal Disciplinary Inquiry Certiorari Proportionality of Punishment +1 more

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Summary, issues, holding and outcome

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Parties

Malaysia Airports Sdn Bhd

Applicant

Suria Darma bin Suwardi Resodinomo

Respondent

Muhammad Asyraf bin Haji Mohd Saad

Respondent

Mahkamah Perusahaan Malaysia

Respondent

Procedural Posture

Judicial Review (semakan Kehakiman) / Hearing and Judgment in High Court on Judicial Review Applications

  1. 1 Whether the Industrial Court's reinstatement awards were amenable to judicial review for illegality or irrationality
  2. 2 Whether the employer's internal inquiry was valid and its findings were sufficiently considered by the Industrial Court
  3. 3 Whether the employees' conduct of removing firearms outside authorised area justified dismissal

Ratio Decidendi

The High Court allowed the judicial review because the Industrial Court's decision was irrational and legally flawed: the Chairman failed to give proper consideration to the valid internal inquiry findings and witness evidence such that the Industrial Court's reinstatement orders could not stand; therefore the awards were quashed and the dismissals were upheld.

Court Disposition

Judicial review allowed; Industrial Court awards quashed; dismissals of the two employees upheld; costs awarded to applicant

Orders

  • Quash Awards of the Industrial Court dated 9 September 2021 (Award No. 1346 of 2021 and Award No. 1347 of 2021)
  • Uphold termination of employment of Suria Darma bin Suwardi Resodinomo and Muhammad Asyraf bin Haji Mohd Saad