25 Mar 2024
NOR ASMA BINTI JOHOR 1. ) MAHKAMAH PERUSAHAAN MALAYSIA 2. ) FELDA D'SAJI SDN. BHD.
- Citation
- WA-25-489-09/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-25-489-09/2022 (Mahkamah Tinggi)
The High Court held the Industrial Court's award was vitiated by Wednesbury unreasonableness for failing to consider that the applicant was not paid salary after the six‑month unpaid leave expired; non‑payment constituted a fundamental breach amounting to constructive dismissal, warranting certiorari to quash the Award and remittal to the Industrial Court to determine remedies.