12 Oct 2019
ASPALIZA BINTI TAWAL & 4 OTHERS AUTOAIR INDUSTRIES SDN. BHD.
- Citation
- BA-16-3-01/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-16-3-01/2019 (Mahkamah Tinggi)
The Assistant Director's decision was set aside because he committed a plain factual error by failing to investigate whether the 2nd and 3rd Notices were sham documents and legal errors by not protecting the Appellants' Article 6(2) right to choose their employer, by relying on a Manual not incorporated into their contracts, and by treating transfers to a separate legal entity as valid under Clause 16; accordingly the Respondent must pay termination benefits and payment in lieu with interest and costs.