Malaysia Case Law: Decisions & Judgments

Topic

Standard of review

Legal area

Court

25 Nov 2021

BINA DARULAMAN BERHAD 1. ) ZAINUDDIN BIN ZAINUL 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

Citation

PA-25-37-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

PA-25-37-08/2020 (Mahkamah Tinggi)

The High Court found no error in the Industrial Court’s fact‑finding or law application: material approvals by the Group Managing Director supported the Industrial Court’s conclusions that the employee did not commit misconduct in respect of several charges, the remaining charges were reasonably explained, and therefore there was no basis for certiorari or mandamus. The judicial review application was dismissed.
26 Aug 2021

Tan Wei Ching DA TONG SHI JE SUPPLIES & SERVICES SDN BHD

Citation

A-01(A)-674-11/2019 (Mahkamah Rayuan)
Court

A
Case number

A-01(A)-674-11/2019 (Mahkamah Rayuan)

The Court of Appeal held that the Minister properly exercised his discretion under s.20(3) IRA 1967 because the materials before him disclosed serious issues of fact and law—primarily whether the claimant was a "workman"—which must be determined by the Industrial Court; the High Court erred in quashing the referral and deciding matters reserved for the Industrial Court; failure to exhibit the s.20(2) notification was not fatal.
19 Jan 2021

MALAYA GLASS PRODUCTS SDN BHD 1. KESATUAN SEKERJA PEMBUATAN - 1ST RESPONDENT 2. MAHKAMAH PERUSAHAAN MALAYSIA - 2ND RESPONDENT

Citation

JA-25-63-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-25-63-11/2019 (Mahkamah Tinggi)

The High Court dismissed the judicial review because the Industrial Court's award was supported by evidence, the Industrial Court had considered statutory factors under s30(4) and s30(5), the Applicant failed to plead or prove financial incapacity or procedural impropriety, the contested issues were matters of merit and discretion for the Industrial Court, and no substantial injustice resulted.
17 Feb 2020

WY CONSTRUCTION SDN BHD 1. MARINA BINTI ABDUL MOIN 2. MAHKAMAH PERUSAHAAN MALAYSIA

Citation

WA-25-274-06/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-274-06/2019 (Mahkamah Tinggi)

The High Court upheld the Industrial Court's factual findings that the employer failed to prove redundancy or financial difficulty; therefore dismissal was without just cause and the Industrial Court's award of 10 months' backwages (within the 24‑month statutory limit) was lawful; judicial review dismissed.
16 Dec 2019

RAJESH DILIP WADHWANI 1. MAHKAMAH PERUSAHAAN MALAYSIA 2. HITACHI DATA SYSTEMS SDN BHD.

Citation

WA-25-262-06/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-262-06/2019 (Mahkamah Tinggi)

The Industrial Court's factual findings that the applicant engaged in abusive, threatening and violent conduct, corroborated by multiple witnesses and contrary to the employer's Global Workplace Violence Policy, were supported by cogent evidence; such credibility-based findings are not susceptible to challenge by certiorari and do not exhibit illegality, irrationality or procedural impropriety, therefore the High Court declines to interfere and dismisses the judicial review application.
31 Oct 2019

RAJA NAZIM BIN RAJA NAZUDDIN 1. MAHKAMAH PERUSAHAAN MALAYSIA 2. PADU CORPORATION

Citation

WA-25-268-06/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-268-06/2019 (Mahkamah Tinggi)

The High Court held that the Industrial Court's findings of fact were supported by evidence, the Chairlady was entitled to accept the CEO's testimony (a single credible witness), the employer discharged the burden to prove misconduct on the balance of probabilities which destroyed trust and confidence, and therefore the award was not vitiated by illegality, irrationality or procedural impropriety; judicial review was dismissed.

Malaysia Case Law

BINA DARULAMAN BERHAD 1. ) ZAINUDDIN BIN ZAINUL 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

Tan Wei Ching DA TONG SHI JE SUPPLIES & SERVICES SDN BHD

MALAYA GLASS PRODUCTS SDN BHD 1. KESATUAN SEKERJA PEMBUATAN - 1ST RESPONDENT 2. MAHKAMAH PERUSAHAAN MALAYSIA - 2ND RESPONDENT

WY CONSTRUCTION SDN BHD 1. MARINA BINTI ABDUL MOIN 2. MAHKAMAH PERUSAHAAN MALAYSIA

RAJESH DILIP WADHWANI 1. MAHKAMAH PERUSAHAAN MALAYSIA 2. HITACHI DATA SYSTEMS SDN BHD.

RAJA NAZIM BIN RAJA NAZUDDIN 1. MAHKAMAH PERUSAHAAN MALAYSIA 2. PADU CORPORATION