Malaysia Case Law: Decisions & Judgments

Topic

Unpaid salary

Legal area

Court

17 Dec 2024

Totarescue (Malaysia) SDN BHD Ong Cheng Hoong

Citation

BA-16-8-02/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-16-8-02/2024 (Mahkamah Tinggi)

The High Court held the Labour Court's factual findings that the respondent was an employee of the appellant were supported by evidence (salary paid by appellant, work at appellant premises, acceptance of resignation by appellant, appellant's General Ledger recording the expense claim) and were not plainly wrong; therefore the Labour Court's awards for unpaid salary for specified months in 2020 and reimbursement of RM20,230.43 and entitlement to August 2023 salary were upheld and the appeal was dismissed.
22 Aug 2021

RAMANESH RAMOO A/L RAMOO 1. 23 MOTORS SDN BHD (Company No: 1161413-H) 2. FANSKICK DOT COM SDN BHD (Company No: 1239277-D) 3. ABDUL KAATHIR BIN MOHAMED MUSTAFFA

Citation

JA-12BNCvC-22-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12BNCvC-22-12/2020 (Mahkamah Tinggi)

Appellate court upheld the Sessions Court's factual findings: appellant failed to prove attendance in October–November 2019 and so was not entitled to salary or most expenses; the audio recording was unreliable and inadmissible; 2T Kreative was struck off and appellant lacked locus standi; first respondent proved the outstanding balance for the Ford Mustang (MYR174,357.21); no reliable proof of monetary value for registration and DIGI numbers so appellant must return them; appeal dismissed with costs.
7 Jul 2021

JOANNE SIM LEAN KHIM AGENSI PEKERJAAN NG BERSATU SDN BHD

Citation

BA-16-34-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-16-34-10/2020 (Mahkamah Tinggi)

Because s69B applied the parties' written contract governed the dispute; Exh E-1 must be read with earlier appointment, confirmation and contract documents and did not abolish appellant's basic salary; delay in asserting the right did not constitute waiver absent unequivocal written waiver; unjust enrichment defence failed because appellant only claimed contractual salary; therefore ADL's decision to deny unpaid salaries was set aside and substituted with an order for RM50,800, while ADL's verified finding on commissions (RM9,070) was affirmed.

Malaysia Case Law

Totarescue (Malaysia) SDN BHD Ong Cheng Hoong

RAMANESH RAMOO A/L RAMOO 1. 23 MOTORS SDN BHD (Company No: 1161413-H) 2. FANSKICK DOT COM SDN BHD (Company No: 1239277-D) 3. ABDUL KAATHIR BIN MOHAMED MUSTAFFA

JOANNE SIM LEAN KHIM AGENSI PEKERJAAN NG BERSATU SDN BHD