26 Aug 2021
Tan Wei Ching DA TONG SHI JE SUPPLIES & SERVICES SDN BHD
- Citation
- A-01(A)-674-11/2019 (Mahkamah Rayuan)
- Court
- A
- Case number
- A-01(A)-674-11/2019 (Mahkamah Rayuan)
The Court allowed the appeals and set aside the High Court order because the Minister lawfully exercised his discretion under s.20(3) IRA 1967 to refer the dispute to the Industrial Court — the materials raised serious issues of fact and law (the claimant's status) that required Industrial Court adjudication — and the learned Judicial Commissioner erred by deciding unpleaded issues and treating the Minister as having made a conclusive finding on workman status.