29 Sept 2025
MMC ENGINEERING GROUP BERHAD MD GHAZALI BIN ALI
- Citation
- J-01(A)-68-01/2024 (Mahkamah Rayuan)
- Court
- A
- Case number
- J-01(A)-68-01/2024 (Mahkamah Rayuan)
The Court of Appeal upheld the High Court: the Industrial Court’s Award was unreasonable and perverse because it failed to consider material facts (the Commitment Declaration was a draft, HR and deputy project management were involved, no staff signed, and no concrete damage was proved), failed to consider proportionality and available alternatives, and the employer’s decision was tainted by procedural impropriety (conflict/bias involving the COO). The respondent acted bona fide and dismissal was disproportionate; the High Court’s quashing of the Industrial Court Award and direction to remit…