SAPURA BINTI MOHD NOH 1. ) SENTOSA MEDICAL CENTRE SDN. BHD. 2. ) KPJ HEALTHCARE BERHAD

SAPURA BINTI MOHD NOH 1. ) SENTOSA MEDICAL CENTRE SDN. BHD. 2. ) KPJ HEALTHCARE BERHAD

The appeal is dismissed because constitutional claims cannot be maintained against private employers and the mandatory vaccination policy was a reasonable, contractually permissible measure in the 2021 pandemic context; constructive dismissal remedies lie with the Industrial Court.

Citation
WA-12BNCvC-59-06/2025 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Sapura binti Mohd Noh; 1st Respondent/defendant: Sentosa Medical Centre Sdn Bhd; 2nd Respondent/defendant: KPJ Healthcare Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 December 2025
Case Number
WA-12BNCvC-59-06/2025 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Appeal From Sessions Court
Outcome
Appeal dismissed
Legal Topics
Mandatory Vaccination Policy, Horizontal Effect of Constitution, Constructive Dismissal, No Pay Leave, Breach of Contract, Forum Competence of Industrial Court
Source Language
Malay/English
Constitutional Law Employment Law Industrial Relations Public Health / Occupational Safety and Health Contract Law Mandatory Vaccination Policy Horizontal Effect of Constitution Constructive Dismissal +3 more

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Parties

Sapura binti Mohd Noh

Appellant/plaintiff

Sentosa Medical Centre Sdn Bhd

1st Respondent/defendant

KPJ Healthcare Berhad

2nd Respondent/defendant

Procedural Posture

Civil Appeal / High Court Appeal From Sessions Court

Legal Issues

  1. 1 Whether private employers can be sued for breach of constitutional rights
  2. 2 Whether employer's mandatory COVID-19 vaccination policy was lawful and reasonable
  3. 3 Whether the claim is contractual/tortious or a constitutional cause of action

Ratio Decidendi

The appeal is dismissed because constitutional claims cannot be maintained against private employers and the mandatory vaccination policy was a reasonable, contractually permissible measure in the 2021 pandemic context; constructive dismissal remedies lie with the Industrial Court.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Judgment of the Sessions Court affirmed