Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 48 epf act
  • 31 Mar 2022

    BIOSKIN & LASER CENTRE SDN BHD TEH HUEY FEN

    Citation
    BL-A72NCvC-368-09/2021 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    BL-A72NCvC-368-09/2021 (Mahkamah Majistret)

    Summary judgment granted because plaintiff established a prima facie unjust enrichment claim: employer paid employee's EPF contributions which unjustly enriched the defendant; s.48(2) was inapplicable because the defendant was no longer employed so wage-deduction remedy was unavailable; defendant failed to raise any bona fide triable issues and the cause of action accrued on receipt of Borang E/payment in December 2020 so the claim is within limitation.