Syarikat Sen Joo Heng Sdn Bhd Pua Ching Kiau

Syarikat Sen Joo Heng Sdn Bhd Pua Ching Kiau

Court accepted DGM's factual finding that the respondent was terminated by the appellant via Mr Low but found DGM erred in law by disregarding that the respondent was 62 and had reached the statutory minimum retirement age; applying the Minimum Retirement Age Act, relevant regulation and authority in Colgate Palmolive, the respondent is not entitled to termination benefits, therefore the DGM's award was set aside.

Citation
BA-16-47-09/2024 (Mahkamah Tinggi)
Parties
PERAYU: SYARIKAT SEN JOO HENG SDN BHD; RESPONDEN: PUA CHING KIAU
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 October 2025
Case Number
BA-16-47-09/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (labour) / Judgment on Appeal to High Court
Outcome
Appeal allowed
Legal Topics
Termination, Termination Benefits, Retirement Age, Statutory Interpretation, Burden of Proof, Appellate Review
Source Language
Malay/English
Employment Law Labour Law Civil Procedure Administrative Law Termination Termination Benefits Retirement Age Statutory Interpretation +2 more

Case Brief

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Parties

SYARIKAT SEN JOO HENG SDN BHD

PERAYU

PUA CHING KIAU

RESPONDEN

Procedural Posture

Civil Appeal (labour) / Judgment on Appeal to High Court

Legal Issues

  1. 1 Whether the respondent was validly terminated by the appellant
  2. 2 Whether the respondent is entitled to termination benefits despite being above statutory retirement age
  3. 3 Whether the DGM erred in law by disregarding the respondent's age and applicable statutory provisions

Ratio Decidendi

Court accepted DGM's factual finding that the respondent was terminated by the appellant via Mr Low but found DGM erred in law by disregarding that the respondent was 62 and had reached the statutory minimum retirement age; applying the Minimum Retirement Age Act, relevant regulation and authority in Colgate Palmolive, the respondent is not entitled to termination benefits, therefore the DGM's award was set aside.

Court Disposition

Appeal allowed

Orders

  • Decision of the Director General of Manpower dated 12.9.2024 set aside
  • Award of termination benefits and salary in lieu of notice totalling RM16,058.83 quashed