29 Nov 2022
M.GOVENDARAJAN A/L MUTHUSAMY ON SEMICONDUCTOR MALAYSIA SDN BHD
- Citation
- WA-25-388-08/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-25-388-08/2019 (Mahkamah Tinggi)
Industrial Court committed reviewable error by setting aside the subpoena for the injured operator without an affidavit from that witness thereby denying the applicant a fair trial (procedural impropriety), and by reaching an irrational factual finding that the applicant alone was responsible for failing to obtain CAB review when the evidence showed collective decision-making; therefore the Industrial Court Award was quashed and the matter remitted to the Industrial Court to determine quantum.