Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Probation and confirmation

Legal area

Court

10 Aug 2022

TAN CHENG LENG 1. ) PWB (M) SDN BHD 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

Citation

WA-25-390-12/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-390-12/2021 (Mahkamah Tinggi)

The High Court held the Industrial Court's award was based on findings of fact and witness credibility concerning the two evaluations and scoring; the handbook clause was not shown to be incorporated into the employment contract; there was no Wednesbury or jurisdictional error; therefore the Industrial Court's decision that non-confirmation was with just cause and excuse stands and is not amenable to judicial review.
26 Apr 2022

MUHAMMAD KHUSAIRI HAZRIE BIN MOHD NAZRI 1. ) PENGARAH PENJARA PENOR 2. ) LEMBAGA TATATERTIB KUMPULAN SOKONGAN (NO. 2) PENJARA NEGERI PAHANG 3. ) Suruhanjaya Perkhidmatan Awam Malaysia

Citation

CA-25-8-12/2021 (Mahkamah Tinggi)
Court

High Court
Case number

CA-25-8-12/2021 (Mahkamah Tinggi)

The High Court held the termination was lawful because the respondents complied with the statutory procedures under the 2012 Regulations, confirmation is not automatic upon passing examinations and the Head of Department legitimately declined to recommend confirmation based on performance and disciplinary record; there was no procedural unfairness requiring quashing of the decision.