Malaysia Case Law

12 Jan 2022

MUHAMMAD KHAIRUL BIN ABDUL RAHMAN (NO. K/P: 830422-03-5709) 1. PANGLIMA ANGKATAN TENTERA 2. KERAJAAN MALAYSIA

Citation

NO: DA-25-6-07/2021 (Mahkamah Tinggi)

Court

High Court

Case number

NO: DA-25-6-07/2021 (Mahkamah Tinggi)

Court granted extension of time and leave because applicant provided credible explanation for delay supported by an affidavit from his solicitor admitting erroneous advice, the delay was not due to applicant's indolence, the matter raised an arguable case affecting fundamental rights (termination akin to dismissal engaging Article 5(1)), and justice required permitting substantive review.

• Extension of time
• Leave to apply for judicial review
• Procedural delay
• Termination of service
• Solicitor negligence

23 Nov 2020

KUGKAN A/L NEDUNCHERALATHAN AIR ASIA BERHAD

Citation

WA-22NCVC-1260-06/2019 (Mahkamah Tinggi)

Court

High Court

Case number

WA-22NCVC-1260-06/2019 (Mahkamah Tinggi)

The High Court exercised its discretion under s41 Specific Relief Act 1950 to grant a declaration that the plaintiff is entitled to a release letter under the contract of service and ordered the defendant to issue the release letter; the defendant's remedy for recovery of training costs under the separate training agreement remains a separate matter to be pursued via counterclaim.

• Declaration
• Release letter
• Training bond
• Termination of service
• Counterclaim

BEATRICE A/P FERNANDEZ V SISTEM PENERBANGAN MALAYSIA & ANOR

Citation

BEATRICE A/P FERNANDEZ V SISTEM PENERBANGAN MALAYSIA & ANOR

Court

Malaysian court

Article 8 protections require State or public authority action; a collective agreement is a private contract not 'law' under Article 8; the appellant failed to prove the employer was a public authority; Article 8(2) did not cover gender at the relevant time; Employment Act provisions relied on were not applicable — therefore the collective agreement and termination were not unconstitutional or void.

• Equal protection
• Gender discrimination
• Collective agreements
• Termination of service
• Maternity protection
• Public law v private law