Malaysia Case Law: Decisions & Judgments

Topic

Back wages

Legal area

Court

4 Apr 2024

MOHD SOBRI BIN CHE HASSAN 1. ) PIHAK BERKUASA TATATERTIB MAJLIS PERBANDARAN SEBERANG PERAI 2. ) MAJLIS PERBANDARAN SEBERANG PERAI

Citation

25-21-02/2014 (Mahkamah Tinggi)
Court

High Court
Case number

25-21-02/2014 (Mahkamah Tinggi)

Damages awarded are confined to the period of wrongful dismissal from 2 December 2013 (communication of dismissal) until 21 October 2019 (date of Federal Court decision); claims for future salary, pension, gratuity and other consequential benefits beyond that date are dismissed; claimant must prove quantum and mitigation may be considered.
29 Feb 2024

K-GE RESTAURANT SDN. BHD. GERARD A/L ELIAS

Citation

PA-16A-8-10/2023 (Mahkamah Tinggi)
Court

High Court
Case number

PA-16A-8-10/2023 (Mahkamah Tinggi)

The High Court affirmed the Industrial Court: the employer's non‑payment and unlawful unilateral deductions were a fundamental breach going to the root of the employment contract, entitling the employee to treat himself as constructively dismissed; delay in acting did not amount to condonation given COVID‑19 and employer assurances; reinstatement was inappropriate and the proper remedy was monetary, calculated on a final monthly salary of RM3,364 resulting in an award of RM57,524.40.
2 Oct 2020

LEE LOK KAN NO. KP: 550320-06-5011 1. ) FOODTELLER SDN. BHD 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

Citation

WA-25-77-02-2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-77-02-2019 (Mahkamah Tinggi)

The High Court held the Industrial Court did not err: s.4(1) Minimum Retirement Age Act 2012 mandates retirement at 60 irrespective of company policy; the applicant had reached statutory retirement age at time of the alleged dismissal and/or had ceased employment by prior resignation, therefore reinstatement, compensation in lieu and back wages were not available; no grounds for judicial review were established.
31 Oct 2019

NORVATIS CORPORATION (MALAYSIA) SDN. BHD. 1. ) MAHKAMAH PERUSAHAAN MALAYSIA 2. ) LEE LILY NO. KP: 660717-05-5468 3. ) LEONG CHEE KEONG NO. KP: 630226-10-7545

Citation

WA-25-189-04-2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-189-04-2019 (Mahkamah Tinggi)

The High Court held the Industrial Court erred in law by treating Practice Note No.1 of 1987 as displacing the statutory Second Schedule; the Second Schedule is mandatory and caps back wages at 24 months regardless of reinstatement; because the Industrial Court ordered a 50% deduction that must be applied to the statutory cap, the correct payable period is 50% of 24 months = 12 months; the Interpretation Awards were therefore tainted by illegality and irrationality and were quashed.
1 Jan 1900

MOHAMAD RIZUAN BIN RAZAK (NO. K/P: 751201-02-6037) BANK SIMPANAN NASIONAL

Citation

PA-12ANCvC-33-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12ANCvC-33-10/2020 (Mahkamah Tinggi)

The appeal was allowed because the civil court has no jurisdiction to grant reinstatement or award back wages for unfair dismissal; those remedies are statutory under s.20 IRA and therefore the Writ and Statement of Claim disclosed no valid cause of action and must be struck out.
CLARA TAI SAW LAN V KURNIA INSURANCE (MALAYSIA) BHD

Citation

CLARA TAI SAW LAN V KURNIA INSURANCE (MALAYSIA) BHD
Court

Malaysian court

The Court of Appeal held the respondent plainly did not comply with the first Industrial Court award (refusing reinstatement by letter dated before the compliance period expired and failing to pay back wages), and therefore the Industrial Court correctly exercised its statutory power under s56(1) to order compliance; the High Court's certiorari quashing of that second award was set aside and the appeal was allowed with costs.

Malaysia Case Law

MOHD SOBRI BIN CHE HASSAN 1. ) PIHAK BERKUASA TATATERTIB MAJLIS PERBANDARAN SEBERANG PERAI 2. ) MAJLIS PERBANDARAN SEBERANG PERAI

K-GE RESTAURANT SDN. BHD. GERARD A/L ELIAS

LEE LOK KAN NO. KP: 550320-06-5011 1. ) FOODTELLER SDN. BHD 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

NORVATIS CORPORATION (MALAYSIA) SDN. BHD. 1. ) MAHKAMAH PERUSAHAAN MALAYSIA 2. ) LEE LILY NO. KP: 660717-05-5468 3. ) LEONG CHEE KEONG NO. KP: 630226-10-7545

MOHAMAD RIZUAN BIN RAZAK (NO. K/P: 751201-02-6037) BANK SIMPANAN NASIONAL

CLARA TAI SAW LAN V KURNIA INSURANCE (MALAYSIA) BHD