Malaysia Case Law

24 Apr 2024

NORBED BIN HUSAIN 1. ) MALAYSIA AIRPOT HOLDINGS BERHAD 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

Citation

WA-25-37-02/2023 (Mahkamah Tinggi)

Court

High Court

Case number

WA-25-37-02/2023 (Mahkamah Tinggi)

The High Court held that Art 31(2) of the Collective Agreement required the employer to convene and await a Medical Board's recommendation before retiring an employee on medical grounds; because the employer failed to follow that mandatory contractual procedure and the Industrial Court relied solely on the panel doctor's opinion, the Industrial Court Award was legally tainted and was quashed by certiorari.

• Medical retirement
• Collective agreement interpretation
• Medical board procedure
• Judicial review
• Procedural impropriety
• Wednesbury unreasonableness

28 Apr 2020

SISTEM TELEVISYEN MALAYSIA BERHAD 1. KESATUAN EKSEKUTIF SISTEM TELEVISYEN MALAYSIA BERHAD 2. MAHKAMAH PERUSAHAAN MALAYSIA.

Citation

WA-25-318-07/2019 (Mahkamah Tinggi)

Court

High Court

Case number

WA-25-318-07/2019 (Mahkamah Tinggi)

Article 57.1 of the Collective Agreement, by reference to Part XII of the Employment Act 1955 and the wide definition of 'hours of work' in s60A(9), includes overtime for travel time; the Industrial Court correctly interpreted the collective agreement, validly disregarded the inconsistent administrative memo, and properly exercised its statutory powers under ss30 and 26 of the IRA 1967; therefore the judicial review application is dismissed.

• Collective agreement interpretation
• Overtime and hours of work
• Industrial court jurisdiction and awards
• Judicial review (illegality, irrationality, procedural impropriety)

UVARAJAH KANASEVAN v PENOLONG PENGARAH BOROH BUTTERWORTH

Citation

UVARAJAH KANASEVAN v PENOLONG PENGARAH BOROH BUTTERWORTH

Court

Malaysian court

Where a wages claim depends on interpretation or compliance with a collective agreement deemed to be an award, a labour officer lacks jurisdiction and the matter must be referred to the Industrial Court; cancelling the inquiry on that legal basis did not breach natural justice; judicial review was refused because the availability of alternative remedies and absence of exceptional circumstances made issuance inappropriate.

• Certiorari
• Mandamus
• Jurisdiction of labour officer
• Collective agreement interpretation
• Natural justice
• Appeal vs judicial review