Malaysia Airports Holdings Berhad 1. ) Muhammad Asyraf Bin Hj Mohd Saad 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

Malaysia Airports Holdings Berhad 1. ) Muhammad Asyraf Bin Hj Mohd Saad 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

High Court held the Industrial Court's awards were irrational and legally defective because the Chairman failed to give proper consideration to the internal inquiry record, witness evidence and the employees' admissions; that failure amounted to legal error permitting certiorari, therefore the awards were set aside...

Source-derived case information.

Citation
PA-25-57-12/2021 (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-25-57-12/2021 (Mahkamah Tinggi)
Procedural Posture
Judicial Review (order 53) of Industrial Court Awards / High Court Judgment on Judicial Review (decision to Quash Awards)
Outcome
Applications allowed; Industrial Court awards quashed; dismissals of Suria Darma and Muhammad Asyraf upheld; costs to applicant awarded.
Legal Topics
Unfair Dismissal, Certiorari, Internal Inquiry, Rationality of Tribunal Findings, Weight of Evidence, Proportionality of Disciplinary Sanction
Employment Law Industrial Relations Administrative Law Judicial Review Unfair Dismissal Certiorari Internal Inquiry Rationality of Tribunal Findings +2 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 (order 53) of Industrial Court Awards / High Court Judgment on Judicial Review (decision to Quash Awards)

  1. 1 Whether the Industrial Court's reinstatement decisions were irrational or legally erroneous and thus reviewable by certiorari
  2. 2 Whether the employer's internal inquiry was valid and its findings (including admissions) ought to have been given decisive weight
  3. 3 Whether the employer proved existence of a communicated prohibition and a defined company perimeter regarding firearms

Ratio Decidendi

High Court held the Industrial Court's awards were irrational and legally defective because the Chairman failed to give proper consideration to the internal inquiry record, witness evidence and the employees' admissions; that failure amounted to legal error permitting certiorari, therefore the awards were set aside and the employer's terminations were upheld.

Court Disposition

Applications allowed; Industrial Court awards quashed; dismissals of Suria Darma and Muhammad Asyraf upheld; costs to applicant awarded.

Orders

  • Grant certiorari and set aside Award Mahkamah Perusahaan No. 1346 of 2021 (Case No. 9/4-558/19) and Award No. 1347 of 2021 (Case No. 9/4-1755/19)
  • Applications for judicial review by Malaysia Airports Sdn Bhd allowed