29 Nov 2020
RASHIDAH BINTI ABD GHANI (NO. K/P: XXXXXX-XX-XXXX) (as the Administrator of the Estate of the Deceased ROHAIZAD BIN NAIM) SJ CLASSIC INDUSTRIES SDN BHD (Company No.: 0434775H)
- Citation
- JB-12A-4-08/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JB-12A-4-08/2019 (Mahkamah Tinggi)
The High Court held that it was not plain and obvious that s.31 SOCSO Act necessarily barred the appellant's tort and statutory claims; construing SOCSO Act harmoniously with OSHA and the FMA, s.31 must not be stretched to render statutory safety duties and remedies meaningless. The matter raised arguable issues of negligence and statutory duty that require trial, therefore the Sessions Court's striking out was premature and was set aside.