Malaysia Case Law: Decisions & Judgments

Topic

Backwages

Legal area

Court

10 Jan 2023

Munyiswar A/L Munisamy 1. ) Island Hospital Sdn Bhd 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

Citation

PA-25-15-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

PA-25-15-03/2021 (Mahkamah Tinggi)

High Court allowed Island Hospital’s judicial review because the chairman of the Industrial Court failed to consider material admissions and evidence that established Munyiswar’s active role in amending the sponsorship agreement and thereby committing the employer to unbudgeted financial liability; that error warranted quashing the Industrial Court’s finding that the dismissal was without cause. Reinstatement was refused due to a breakdown in trust and strained relationships; the 50% reduction of backwages for mitigation was upheld as within discretion under s.30(5) IRA.
10 Jan 2023

Island Hospital Sdn Bhd Munyiswar a/l Munisamy

Citation

PA-25-13-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

PA-25-13-02/2021 (Mahkamah Tinggi)

The High Court allowed Island Hospital's judicial review because the Industrial Court chairman failed to consider crucial admissions and evidence that the HR manager amended the sponsorship agreement without board approval, conduct amounting to dishonest/fiduciary breach justifying dismissal; reinstatement was refused due to strained relations; the 50% reduction in backwages was a lawful exercise of discretion given mitigation by subsequent employment; punitive damages were not warranted.
13 Oct 2021

SAVITHRI A/P VELLO 1. ) EVERSENDAI CONSTRUCTIONS (M) SDN. BHD. 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

Citation

AA-25-18-09/2020 (Mahkamah Tinggi)
Court

High Court
Case number

AA-25-18-09/2020 (Mahkamah Tinggi)

The Industrial Court erred in law by reducing backwages by 70% without evidence or reasons; once the Applicant testified under oath that she was unemployed post-dismissal the evidential burden shifted to the employer to rebut and the employer failed to do so, therefore the 70% deduction is quashed; MSS payments are deductible to avoid double recovery and the MSS quantum is a factual finding not disturbed.
13 Oct 2021

SAVITHRI A/P VELLO 1. ) i) EVERSENDAI CONSTRUCTIONS (M) SDN. BHD. 2. ) ii) MAHKAMAH PERUSAHAAN MALAYSIA

Citation

AA-25-18-09/2020 (Mahkamah Tinggi)
Court

High Court
Case number

AA-25-18-09/2020 (Mahkamah Tinggi)

Applicant's sworn testimony of post-dismissal unemployment, unchallenged and unrebutted by the First Respondent, shifted the evidential burden to the employer; the Industrial Court erred in stating no evidence was proffered and in deducting 70% of backwages without reasons; that part of the Industrial Court award is quashed; the MSS payment deduction and factual quantification by the Industrial Court are upheld; no remittal required as recalculation is arithmetical.
9 Aug 2021

Malayan Banking Berhad 1. ) Mahkamah Perusahaan Malaysia 2. ) Mohd Shamsul Kamal Bin Mahmood @ Mahmud

Citation

WA-25-339-11-2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-339-11-2020 (Mahkamah Tinggi)

High Court dismissed the judicial review application, holding the Industrial Court did not commit illegality or plain irrationality: the Industrial Court properly evaluated credibility and evidence, legitimately found absence of dishonest intent and procedural unfairness by the employer (failure to exhaust contractual appeal and to refer to Group Staff Committee or hold independent domestic inquiry), and properly awarded 24 months backwages under the IRA.
8 Feb 2021

SHAHARUDIN BIN YAAKOB (NO. K/P: 710313-09-5087 1. PENS INDUSTRIES SDN BHD (NO. SYARIKAT: 151564-P) 2. MAHKAMAH PERUSAHAAN MALAYSIA

Citation

KA-25-16-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

KA-25-16-11/2019 (Mahkamah Tinggi)

The High Court found the Industrial Court fell into serious errors of law and procedural impropriety by failing to address proportionality, condonation, burden of proof and alternative sanctions; accordingly the Award (No.2313/2019) was quashed by certiorari and the High Court substituted compensation orders rather than reinstatement.
12 Mar 2020

GARTNER RESEARCH & ADVISORY (MALAYSIA) SDN BHD 1. INDUSTRIAL COURT OF MALAYSIA 2. MAHMUD REDZA ARBEE

Citation

WA-25-482-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-482-10/2019 (Mahkamah Tinggi)

The High Court dismissed the judicial review because the Industrial Court’s factual findings were supported by evidence and credibility assessments, the insubordination did not amount to a material breach justifying dismissal, the doctrine of proportionality properly justified reinstatement and the backwages award complied with the Second Schedule and judicial discretion; the affidavit technicality was cured and did not prejudice the respondents.

Malaysia Case Law

Munyiswar A/L Munisamy 1. ) Island Hospital Sdn Bhd 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

Island Hospital Sdn Bhd Munyiswar a/l Munisamy

SAVITHRI A/P VELLO 1. ) EVERSENDAI CONSTRUCTIONS (M) SDN. BHD. 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

SAVITHRI A/P VELLO 1. ) i) EVERSENDAI CONSTRUCTIONS (M) SDN. BHD. 2. ) ii) MAHKAMAH PERUSAHAAN MALAYSIA

Malayan Banking Berhad 1. ) Mahkamah Perusahaan Malaysia 2. ) Mohd Shamsul Kamal Bin Mahmood @ Mahmud

SHAHARUDIN BIN YAAKOB (NO. K/P: 710313-09-5087 1. PENS INDUSTRIES SDN BHD (NO. SYARIKAT: 151564-P) 2. MAHKAMAH PERUSAHAAN MALAYSIA

GARTNER RESEARCH & ADVISORY (MALAYSIA) SDN BHD 1. INDUSTRIAL COURT OF MALAYSIA 2. MAHMUD REDZA ARBEE