LEE KIAN HUWA AIR ASIA BERHAD

LEE KIAN HUWA AIR ASIA BERHAD

The court found the defendant raised meritorious and plausible defences (bona fide redundancy due to organisational changes and digitalisation, contractual clause permitting termination on notice and payment in lieu, and unresolved factual issues of alleged discrimination) such that triable issues exist; therefore summary judgment under Order 14 is inappropriate and the plaintiff's application is dismissed with costs.

Citation
B52NCvC-218-09-2020 (Mahkamah Sesyen)
Parties
PLAINTIF: LEE KIAN HUWA; DEFENDAN: AIRASIA BERHAD
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
26 January 2021
Case Number
B52NCvC-218-09-2020 (Mahkamah Sesyen)
Procedural Posture
Employment/contract Dispute (retrenchement) / Summary Judgment Application (order 14 Rhc)
Outcome
Plaintiff's application for summary judgment dismissed
Legal Topics
Summary Judgment, Retrenchment/redundancy, Fixed Term Contract, Garden Leave, Jurisdiction of Industrial/relations Court
Source Language
Malay/English
Employment Law Contract Law Civil Procedure Summary Judgment Retrenchment/redundancy Fixed Term Contract Garden Leave Jurisdiction of Industrial/relations Court

Case Brief

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Parties

LEE KIAN HUWA

PLAINTIF

AIRASIA BERHAD

DEFENDAN

Procedural Posture

Employment/contract Dispute (retrenchement) / Summary Judgment Application (order 14 Rhc)

Legal Issues

  1. 1 Whether plaintiff's application for summary judgment under Order 14 should be allowed
  2. 2 Whether defendant's retrenchment was bona fide and lawful or discriminatory/persecutory
  3. 3 Whether the employment contract was a fixed-term agreement precluding early termination

Ratio Decidendi

The court found the defendant raised meritorious and plausible defences (bona fide redundancy due to organisational changes and digitalisation, contractual clause permitting termination on notice and payment in lieu, and unresolved factual issues of alleged discrimination) such that triable issues exist; therefore summary judgment under Order 14 is inappropriate and the plaintiff's application is dismissed with costs.

Court Disposition

Plaintiff's application for summary judgment dismissed

Orders

  • Application for summary judgment dismissed
  • Costs of RM3,000.00 to be paid by plaintiff to defendant