Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Transfer of employee

Legal area

Court

27 Nov 2025

DIMENSION BID (M) SDN BHD MOHD FAIZZAL BIN BAHARULRAZI

Citation

WA-16A-28-06/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-16A-28-06/2023 (Mahkamah Tinggi)

The High Court allowed the appeal because transfer was within the Company's management prerogative, the claimant's failure to report by the deadline constituted refusal and wilful disobedience amounting to misconduct thereby justifying summary dismissal without a show cause in the circumstances, and there was no evidence of mala fide or victimisation; accordingly the Industrial Court's finding that dismissal was without just cause was plainly wrong and must be set aside.
17 Dec 2020

ABDUL SIDIK BIN ABDUL HAMID 1. PERUSAHAAN OTOMOBIL NASIONAL SDN BHD 2. MAHKAMAH PERUSAHAAN MALAYSIA

Citation

WA-25-518-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-518-11/2019 (Mahkamah Tinggi)

The High Court held the Industrial Court did not err: the transfer was authorized by express contractual term and undertaken bona fide as part of restructuring, there was no breach going to the root nor evidence of victimisation, the applicant delayed in electing to terminate thereby waiving any breach, and no adverse inference was proper; judicial review was dismissed.