7 Oct 2020
MALAYSIAN AIRLINE SYSTEM BERHAD ISMAIL NASARUDDIN BIN ABDUL WAHAB
- Citation
- W-01(A)-568-10/2019 (Mahkamah Rayuan)
- Court
- A
- Case number
- W-01(A)-568-10/2019 (Mahkamah Rayuan)
The Court of Appeal held that the Industrial Court’s factual findings that the respondent repeatedly breached express and implied terms (unauthorised press statements) were reasonable and supported dismissal; sections 4 and 5(1) IRA 1967 were not contravened because s5(2) permits dismissal for proper cause; s22 TUA 1959 immunity against tortious suits does not immunise a union officer from dismissal for contractual misconduct; the trade dispute procedures were not exhausted and issuing the press statement was not a protected act that avoided disciplinary consequences. Therefore the High Court…