Malaysia Case Law: Decisions & Judgments

Topic

Minimum retirement age act 2012

Legal area

Court

2 Oct 2020

LEE LOK KAN NO. KP: 550320-06-5011 1. ) FOODTELLER SDN. BHD 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

Citation

WA-25-77-02-2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-77-02-2019 (Mahkamah Tinggi)

The High Court held the Industrial Court did not err: s.4(1) Minimum Retirement Age Act 2012 mandates retirement at 60 irrespective of company policy; the applicant had reached statutory retirement age at time of the alleged dismissal and/or had ceased employment by prior resignation, therefore reinstatement, compensation in lieu and back wages were not available; no grounds for judicial review were established.
24 Sept 2020

MOL ACCESSPORTAL SDN BHD THAM KAH FOOK

Citation

WA-25-530-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-530-11/2019 (Mahkamah Tinggi)

The High Court held the Industrial Court did not err: it properly read the contemporaneous Contract of Employment and Offer of Employment, found the specific 24‑month fixed‑term contract prevailed over the general retirement clause (Minimum Retirement Age Act 2012 reference), concluded the Respondent was unlawfully dismissed (not validly retired), and that awarding 13 months' back wages for the unexpired fixed term was justified; the judicial review application was dismissed and costs of RM5,000 awarded to the Respondent.
16 Feb 2020

Anandraj a/l Vadivellu Iskandar Investment Bhd

Citation

JA-16-6-04/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-16-6-04/2019 (Mahkamah Tinggi)

There was no termination on the ground of age; the employment ended by expiry of a fixed‑term contract (a reason other than age) and thus did not constitute premature retirement under s5 MRA; additionally the appellant's own pleadings dated the relevant act to 16‑8‑2017 which would render his complaint time‑barred under s8(1); appeal dismissed.
1 Jan 1900

ANSELL INDUSTRIAL & SPECIALTY GLOVES MALAYSIA SDN BHD 1. LIM IM TEE 2. MAHKAMAH PERUSAHAAN MALAYSIA

Citation

PA-25-43-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-25-43-08/2019 (Mahkamah Tinggi)

The High Court quashed the Industrial Court Award because the finding that Ansell re‑employed Lim as a permanent employee until age 60 was unsupported by evidence and irrational; Lim had retired, accepted retirement benefits and voluntarily entered post‑retirement fixed‑term contracts which superseded any prior negotiations, and ostensible authority was improperly applied where there was no conduct by the principal to indicate approval of an agent binding the company to permanent employment.

Malaysia Case Law

LEE LOK KAN NO. KP: 550320-06-5011 1. ) FOODTELLER SDN. BHD 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

MOL ACCESSPORTAL SDN BHD THAM KAH FOOK

Anandraj a/l Vadivellu Iskandar Investment Bhd

ANSELL INDUSTRIAL & SPECIALTY GLOVES MALAYSIA SDN BHD 1. LIM IM TEE 2. MAHKAMAH PERUSAHAAN MALAYSIA