Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Judicial review standards

Legal area

Court

12 May 2021

DHL Express (Malaysia) Sdn Bhd 1. Mahkamah Perusahaan Malaysia 2. Kintan binti Bachik

Citation

JA-25-5-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-25-5-02/2020 (Mahkamah Tinggi)

High Court found no reviewable error: the Industrial Court did not transgress illegality, irrationality or procedural impropriety; the frustration argument was a later afterthought and could not displace the Industrial Court's finding that dismissal for misconduct was without just cause or excuse; the applicant had effectively abrogated its own winding-down scheme by dismissing the employee and thus the Industrial Court's award of compensation and backwages stands.
7 Jan 2020

PRANAVANANTHAN A/L V PONAMBALAM (NO. KP: 650625-10-7655 1. MAHKAMAH PERUSAHAAN MALAYSIA 2. MBF HOLDINGS BERHAD

Citation

WA-25-396-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-396-08/2019 (Mahkamah Tinggi)

The High Court refused to interfere with the Industrial Court's factual findings which were based on witness credibility; held the re‑designation and staff transfers were legitimate management decisions within the employment contract and did not constitute a breach going to the root; the applicant's delay of about six months in leaving amounted to affirmation of any alleged breach; therefore there was no constructive dismissal and the judicial review application was dismissed.