PUNCAK TEKNOLOGI (M) SDN BHD 1. ) AHMAD SOLIHIN BIN MAHBIB 2. ) KHAIRUL AZZUAN BIN ABDUL HADI 3. ) MOHD HARITH BIN MOHD TAHIR

PUNCAK TEKNOLOGI (M) SDN BHD 1. ) AHMAD SOLIHIN BIN MAHBIB 2. ) KHAIRUL AZZUAN BIN ABDUL HADI 3. ) MOHD HARITH BIN MOHD TAHIR

KPTR did not err: the court found the employer had lost the contract and was unable to continue employment; the manager's email was a request for an official notice, not a voluntary resignation by respondents; the employer could not unilaterally withdraw the termination notice; consequently the terminations were employer-initiated and respondents were entitled to termination benefits as computed by KPTR.

Citation
BA-16-27-06/2024 (Mahkamah Tinggi)
Parties
Appellant/perayu: PUNCAK TEKNOLOGI (M) SDN BHD; Respondent 1/responden: AHMAD SOLIHIN BIN MAHBIN; Respondent 2/responden: KHAIRUL AZZUAN BIN ABDUL HADI; Respondent 3/responden: MOHD HARITH BIN MOHD TAHIR
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 October 2025
Case Number
BA-16-27-06/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Director General of Labour (kptr) Decision Under Employment Act 1955 / Judgment on Appeal (final Disposition)
Outcome
Appeal dismissed; KPTR decision dated 18.4.2024 upheld.
Legal Topics
Termination Benefits, Unfair/forced Resignation, Mutual Termination, Withdrawal of Termination Notice, Appellate Review of KPTR Decision
Source Language
Malay/English
Employment/labour Law Administrative Law Civil Procedure Termination Benefits Unfair/forced Resignation Mutual Termination Withdrawal of Termination Notice Appellate Review of KPTR Decision

Case Brief

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Parties

PUNCAK TEKNOLOGI (M) SDN BHD

Appellant/perayu

AHMAD SOLIHIN BIN MAHBIN

Respondent 1/responden

KHAIRUL AZZUAN BIN ABDUL HADI

Respondent 2/responden

MOHD HARITH BIN MOHD TAHIR

Respondent 3/responden

Procedural Posture

Civil Appeal From Director General of Labour (kptr) Decision Under Employment Act 1955 / Judgment on Appeal (final Disposition)

Legal Issues

  1. 1 Whether the termination was voluntary/mutual or an employer-initiated termination entitling respondents to termination benefits
  2. 2 Whether KPTR erred in failing to consider alleged concealment, fraud and manipulation by respondents in procuring the termination letter
  3. 3 Whether the employer could validly withdraw the termination notice once issued

Ratio Decidendi

KPTR did not err: the court found the employer had lost the contract and was unable to continue employment; the manager's email was a request for an official notice, not a voluntary resignation by respondents; the employer could not unilaterally withdraw the termination notice; consequently the terminations were employer-initiated and respondents were entitled to termination benefits as computed by KPTR.

Court Disposition

Appeal dismissed; KPTR decision dated 18.4.2024 upheld.

Orders

  • Appeal dismissed with costs
  • Costs fixed at RM8,000.00 subject to taxation