17 May 2020
MANDONG TRANSPORT&TRADING SDN BHD (COMPANY NO: 217922-M) PERTUBUHAN KESELAMATAN SOSIAL (PERKESO)
- Citation
- JA-24NCVC-198-03/2019 ( ENCL.1 & eNCL. 8) (Mahkamah Tinggi)
- Court
- ENCL.1 & eNCL. 8
- Case number
- JA-24NCVC-198-03/2019 ( ENCL.1 & eNCL. 8) (Mahkamah Tinggi)
On the contractual terms and applying control, integration and economic reality tests the court found Hussain bin Wih was an employee from 1 Nov 1996 to 30 Nov 2003; consequently the Applicant was legally obliged to pay SOCSO employer contributions under s.6. Section 84(4) does not operate as an absolute ouster of the civil court when read with s.90; however the originating summons amounted to an abuse of process and risked prejudicing pending criminal/summary proceedings, so the Respondent's strike-out application was allowed and the originating summons dismissed.