28 Aug 2019
MALAYSIA AIRLINES SYSTEM BERHAD (COMPANY NO. 10601-W) 1. ADRIAN LABO (WN.KP: 770805-13-5035) 2. MUHAMMAD ALIAS BIN ABDULLAH (WN.KP: 691227-13-5723) 3. MOHAMMED BIN BUJANG (WN.KP: 690423-13-5187) 4. HASMADY BIN IBRAHIM (WN.KP: 750918-13-6271
- Citation
- Q-02(NCVC)(A)-1718-08/2018 (Mahkamah Rayuan)
- Court
- NCVC
- Case number
- Q-02(NCVC)(A)-1718-08/2018 (Mahkamah Rayuan)
The dissenting judge holds that the High Court rightly granted certiorari because the Industrial Court award was unsafe: the charge was defective for lack of particulars and there was no reliable evidence that respondents were gambling at the time of arrest; the ICC improperly relied on alleged confessions and selective contemporaneous documents while ignoring oral testimony and failure to call material witnesses (warranting adverse inference), rendering the ICC award illegal, irrational and unsustainable and justifying intervention.