Malaysia Case Law: Decisions & Judgments

Topic

Unlawful dismissal

Legal area

Court

12 Nov 2024

WOON KIM CHOY 1. ) ACEXIDE TECHNOLOGY SDN BHD 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

Citation

W-01(A)-198-03/2024 (Mahkamah Rayuan)
Court

A
Case number

W-01(A)-198-03/2024 (Mahkamah Rayuan)

On the totality of evidence (register of employees, documentary references to salaries, EA forms, EPF and SOCSO contributions, job duties and remuneration), the appellants qualified as "workman" under s2 IRA notwithstanding their directorships; Industrial Court had jurisdiction and appellants were dismissed without just cause; therefore appellate court quashed prior dismissals and awarded compensation in lieu of reinstatement and backwages in specified sums.
12 Nov 2024

CHANG HENG KEONG 1. ) ACEXIDE TECHNOLOGY SDN BHD 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

Citation

W-01(A)-199-03/2024 (Mahkamah Rayuan)
Court

A
Case number

W-01(A)-199-03/2024 (Mahkamah Rayuan)

The Court held that on the totality of evidence (employee register, salary nomenclature in financials, EPF/SOCSO contributions, PCB/EA forms, roles and remuneration) the appellants qualified as 'workman' under s 2 IRA despite being directors; the Industrial Court erred in law by finding lack of jurisdiction; the High Court's affirmation was set aside; the Court awarded compensation in lieu of reinstatement and backwages and ordered interest and costs as appropriate.
15 Oct 2024

MADIAHLAGAN A/L SUNDARAM LOTUSS STORES (MALAYSIA) SDN BHD

Citation

AA-16A-9-09/2023 (Mahkamah Tinggi)
Court

High Court
Case number

AA-16A-9-09/2023 (Mahkamah Tinggi)

Appellant admitted sending the WhatsApp messages and the content objectively constituted sexual harassment; documentary evidence and s.32 Evidence Act exceptions made admission of investigation notes permissible; on the civil balance of probabilities the Industrial Court properly found misconduct and that such misconduct justified dismissal; absence of the complainant's live testimony did not render trial unfair and did not require appellate intervention.
3 Jan 2024

TEH SOK NEE DAILY GAIN TELESHOP SDN BHD

Citation

PA-16-1-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

PA-16-1-03/2023 (Mahkamah Tinggi)

The appellate court upheld the Director General's factual findings: the salary reduction was agreed by the employee and affirmed by her conduct; allowances were usage-based and not payable given lack of use and evidence; annual leave claims lacked documentary proof and could not be carried forward; the termination was voluntary via the employee's resignation, therefore all claims fail; appeal dismissed.
14 Jun 2023

MELIPOLY ENTERPRISE SDN BHD 1. ) Ong Hong Yeok 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

Citation

W-01(A)-736-12/2021 (Mahkamah Rayuan)
Court

A
Case number

W-01(A)-736-12/2021 (Mahkamah Rayuan)

The Court held the employer was limited to the reasons in the termination letter (economic recession and poor sales); although financial losses were evidenced, the employer failed to prove bona fide redundancy because the employee's functions continued (reduced but not eliminated); therefore the dismissal was without just cause or excuse. The Industrial Court retained jurisdiction following the Ministerial reference under s.20 IRA even though the respondent did not seek reinstatement. Appeal dismissed and costs awarded.
15 Sept 2022

PARTHIAPPA A/L THATHGNANAM 1. ) W MILTEK SDN. BHD. 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

Citation

WA-25-255-09/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-255-09/2020 (Mahkamah Tinggi)

Although the applicant committed the misconduct (directorship and shareholding in a competing company), the 1st respondent's prolonged inaction and delay in addressing the matter constituted condonation; that condonation rendered the subsequent dismissal unjust and without excuse, making the Industrial Court Award Wednesbury unreasonable and subject to certiorari; therefore the Award is quashed and the matter remitted to the Industrial Court to determine quantum.
11 Aug 2022

MUHAMAD AFENDY BIN ASMAN 1. ) YANG DIPERTUA MAJLIS PERBANDARAN KUALA LANGAT 2. ) PENGARAH JABATAN PENGURUSAN SISA PEPEJAL DAN KESIHATAN PERSEKITARAN MAJLIS PERBANDARAN KUALA LANGAT 3. ) LEMBAGA TATATERTIB MAJLIS PERBANDARAN KUALA LANGAT 4.

Citation

BA-25-61-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-25-61-08/2020 (Mahkamah Tinggi)

The application for judicial review is dismissed because the applicant failed to establish bias or procedural unfairness that vitiated the disciplinary decision: the chairmanship was mandated by the rules so did not constitute disqualifying bias, the Rule 30(2) reporting issue was unclear and not meritorious, and the misconduct charge (absence without leave) was sufficiently clear; reliefs sought were refused and costs awarded.
16 Apr 2021

JOSEPH LOUIS KALIYOUGARAJAN A/L BALACHANDRAN (NO. K/P: 520205-05-5371) RHB BANK BERHAD (No. Syarikat: 6171-M)

Citation

WA-24NCvC-1727-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCvC-1727-08/2019 (Mahkamah Tinggi)

Applicant was employed on fixed-term contracts that expressly made annual bonus discretionary; non-renewal at contract expiry did not amount to unlawful dismissal and a breach of duty of good faith is not a separate cause of action in these circumstances; claim dismissed.
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…
24 Sept 2020

MOL ACCESSPORTAL SDN BHD THAM KAH FOOK

Citation

WA-25-530-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-530-11/2019 (Mahkamah Tinggi)

The High Court held the Industrial Court did not err: it properly read the contemporaneous Contract of Employment and Offer of Employment, found the specific 24‑month fixed‑term contract prevailed over the general retirement clause (Minimum Retirement Age Act 2012 reference), concluded the Respondent was unlawfully dismissed (not validly retired), and that awarding 13 months' back wages for the unexpired fixed term was justified; the judicial review application was dismissed and costs of RM5,000 awarded to the Respondent.