Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Section 14 employment act 1955

Legal area

Court

9 Oct 2025

FLASH MALAYSIA EXPRESS SDN BHD MUHAMAD FIRDAUS BIN AZMI

Citation

JB-16-6-04/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JB-16-6-04/2025 (Mahkamah Tinggi)

The High Court held that the show‑cause letter together with the respondent's admission to the misconduct (habitual late coming) constituted 'due inquiry' under section 14 of the Employment Act 1955; therefore no domestic inquiry was required and summary dismissal without notice was justified. The Labour Court's award was set aside and the appeal allowed.
30 Dec 2020

KIMMU TRADING SDN BHD (COMPANY NO.: 923027-P) 1. MAHKAMAH PERUSAHAAN MALAYSIA 2. NORFADILAH BINTI MOHD SAZALI (NO. K/P: XXXXXX-XX-XXXX)

Citation

JB-25-2-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JB-25-2-02/2020 (Mahkamah Tinggi)

The High Court found no error in the Industrial Court's decision: the employee was negligent and misconduct was established but reinstatement was not appropriate due to breakdown of trust; however the employer failed to show consideration of statutory alternatives under s.14(1) before dismissing, so the Industrial Court's award of compensation in lieu of notice (RM5,220) and back wages (RM36,540) was proportionate and is upheld; the judicial review application is dismissed with costs.