5 Oct 2023
CHONG FUI THUNG SENA DIECASTING INDUSTRIES SDN BHD
- Citation
- W-01(A)-112-03/2023 (Mahkamah Rayuan)
- Court
- A
- Case number
- W-01(A)-112-03/2023 (Mahkamah Rayuan)
The High Court erred as a matter of law by determining an unpleaded issue of condonation against the appellant; condonation is primarily an employer-side doctrine and cannot be applied vicariously against an employee in the circumstances; the Industrial Court’s factual findings that the appellant was a workman and was constructively dismissed without just cause were within jurisdiction and not Wednesbury unreasonable; therefore the High Court order quashing the Industrial Court award was set aside and the award reinstated.