Malaysia Case Law: Decisions & Judgments

Topic

Medical retirement

Legal area

Court

20 Feb 2026

MOHD FAWWAZ JAFNI BIN MADZUKI INSTITUT PENYELIDIKAN DAN KEMAJUAN PERTANIAN MALAYSIA (MARDI)

Citation

BA-25-7-01/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-25-7-01/2024 (Mahkamah Tinggi)

The High Court dismissed the judicial review application because the disciplinary process complied with Act 605 and its regulations, the applicant was afforded the prescribed opportunity to be heard by written representation, the Medical Board diagnosed temporary not permanent incapacity so medical retirement was not available, and the dismissal was a reasonable and proportionate disciplinary response after remedial measures failed.
24 Apr 2024

AWANG BIN GHAZALI 1. ) MALAYSIA AIRPORT HOLDINGS BERHAD 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

Citation

WA-25-38-02/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-38-02/2023 (Mahkamah Tinggi)

The High Court held that Article 31(2) of the Collective Agreement is mandatory when an employer elects to retire an employee on medical grounds; the employer must convene and await the Medical Board's recommendation before effecting medical retirement. The Industrial Court erred in upholding the respondent's unilateral decision based solely on the panel doctor's opinion; the Industrial Court Award is therefore quashed by certiorari.
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.

Malaysia Case Law

MOHD FAWWAZ JAFNI BIN MADZUKI INSTITUT PENYELIDIKAN DAN KEMAJUAN PERTANIAN MALAYSIA (MARDI)

AWANG BIN GHAZALI 1. ) MALAYSIA AIRPORT HOLDINGS BERHAD 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

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