Malaysia Case Law: Decisions & Judgments

Topic

Breach of employment contract

Legal area

Court

1 Oct 2025

YONMING AUTO & INDUSTRIAL PARTS (ALOR STAR) SDN. BHD LEONG BENG WEI PIHAK KETIGA WONG POH KEONG

Citation

KA-A72NCvC-223-08/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

KA-A72NCvC-223-08/2024 (Mahkamah Majistret)

The court held the present claim was essentially the same cause of action as previously adjudicated in KA-A72NCC-125-11/2021 which was dismissed and affirmed on appeal; accordingly res judicata applies and, in any event, Plaintiff failed to prove loss on the balance of probabilities; therefore Plaintiff's claim is dismissed with costs as per the court scale.
31 Dec 2024

MARA CORPORATION SDN. BHD. SUHAILI BIN ABDUL RAHMAN

Citation

WA-A72NCvC-4903-11/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A72NCvC-4903-11/2022 (Mahkamah Majistret)

Defendant breached the explicit corporate credit card terms and his fiduciary duties by incurring non-business expenses, failed to produce contemporaneous supporting documents or call approving officers as witnesses, and therefore is liable to repay RM38,603.33 to the plaintiff; plaintiff lawfully deducted salary instalments totalling RM42,129.31 and withheld final salary RM39,733.55; plaintiff proved no additional losses beyond the card charges and is entitled only to nominal damages of RM100; interest at 5% p.a. from judgment until full settlement and costs awarded accordingly.
9 Oct 2024

THOMVELL INTERNATIONAL SDN BHD JENNIFER MARY MAGDALINE

Citation

WA-16-8-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-16-8-03/2023 (Mahkamah Tinggi)

The High Court affirmed the Labour Court's factual finding that the respondent did not consent to the salary deduction because the alleged acceptance document was rejected as not genuine and the respondent's unchallenged evidence showed no agreement or condonation; absent consent and contemporaneous proof of financial necessity the unilateral deduction breached the employment contract, entitling the respondent to arrears; appellate interference was unwarranted as there was no misdirection in the Labour Court's evaluation of evidence.
26 May 2022

PEH ZI XIANG Berniaga Sebagai TD MOBILE REPAIRING A & F MARKETING SDN BHD

Citation

WA-12BNCvC-43-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-43-07/2021 (Mahkamah Tinggi)

On the balance of probabilities the High Court found the appellant established and operated TD Mobile while employed without prior written consent in breach of clause 2(e) and breached fiduciary duties by conducting competing/commerical activities and risking solicitation of the employer's clients; clause 9's non-solicitation restriction was properly applied and there was no demonstrable error in the Sessions Court decision, therefore the appeal was dismissed.
16 Aug 2021

BAHTERA SRI KANDI MARINE SDN BHD (NO. SYARIKAT : 870175-K) 1. ) NURULHUDA NADIA BINTI ZULKIFLI (NO. K/P : 880925-56-5088) 2. ) ZULKIFLI BIN MOHD GHADZALI (NO. K/P : 560921-08-5623) 3. ) KHAIRUL AMIR BIN HAMDAN (NO. K/P : 840727-10-6087) 4.

Citation

WA-22NCVC-179-04/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-179-04/2018 (Mahkamah Tinggi)

On the balance of probabilities the court found Defendant 1 deliberately manipulated payroll files to divert company funds and that Defendants 2,4,5 and 6 knowingly received and benefited from those funds; consequently the plaintiff established causation and entitlement to restitution/damages totalling RM1,642,715 and ancillary relief (interest and costs); third‑party claims against Defendant 1 by D4, D5, D6 were dismissed.
8 May 2021

PUSAT PERNIAGAAN MATAHARI SDN BHD & ORS CHUAH SIONG KIEAT

Citation

BA-22NCVC-411-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCVC-411-09/2019 (Mahkamah Tinggi)

Applying the Federal Court factors, the Court found the seven-week delay was not excessive, there was disputed evidence about notice of the case management direction, and the balance of justice and limited prejudice to plaintiffs warranted exercising discretion to grant the extension to file the Defence filed on 11.12.2019.
9 Feb 2021

1. ) Ocean Masters Logistics Sdn Bhd 2. ) MAHENDRAN A/L SHUNMUGAN SUNDARAM Zam Azimah Ghazilli

Citation

B52NCVC-280-10-2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

B52NCVC-280-10-2020 (Mahkamah Sesyen)

Defendant's own admissions and the exhibited WhatsApp communication established factual allegations that DSR and other documents were to be provided to a third party and raised triable issues of fact and law (breach of clause 8.1); therefore the claim was not on its face obviously unsustainable and the strike out under O 18 r 19 was refused.
15 Jan 2020

CHEONG GEEANG SEONG TUNE INSURANCE MALAYSIA BERHAD

Citation

WA-12BNCVC-49-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCVC-49-05/2019 (Mahkamah Tinggi)

The defendant breached the express confidentiality clause by disclosing client-specific confidential information to competitors, that disclosure caused the non-renewal of two long-standing clients' policies with resultant lost premiums, and the trial judge's factual findings on those points were properly supported by the evidence and should not be disturbed; damages of RM286,926 for lost premiums are reasonable and the appeal is dismissed.
24 Oct 2019

Agarcorp Sdn Bhd Jagen A/L Manoharan & 6 Lg

Citation

WA-22NCC-109-03/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-109-03/2019 (Mahkamah Tinggi)

On the evidence (adduced and uncontradicted where defendants did not testify) the 1st Defendant owed fiduciary and contractual duties as a senior sales manager; he misappropriated spare parts and is liable for their value (RM54,426) and the 5th Defendant is liable for the same amount; the 1st Defendant breached duties by failing to disclose interest in the 6th Defendant and must account for profits under the distributorship; the plaintiff failed to prove entitlement to clawback of salary or a constructive trust over commissions or salaries; injunctions and conspiracy claims against other defe…
6 Sept 2017

1. JURIS TECHNOLOGIES SDN. BHD. (Co. No.: 618486-X) 2. NATSOFT (M) SDN. BHD. (Co. No.: 369362-H) 1. FOO TIANG SIN (NRIC No.: 820814-05-5275) 2. CHONG HAU YIP (NRIC No.: 890806-05-5375) 3. ENG SHI PING (NRIC No.: 850228-10-5441) 4. YOW YIK S

Citation

22IP-53-10/2015 (Mahkamah Tinggi)
Court

High Court
Case number

22IP-53-10/2015 (Mahkamah Tinggi)

On the facts the court found that the 1st–5th defendants breached employment contracts (outside employment prohibition, confidentiality and implied duty of fidelity), owed and breached fiduciary duties, committed breach of confidence; the 6th defendant infringed the 1st plaintiff's copyright and the 1st–5th defendants caused that infringement; the corporate veil of the 6th defendant was pierced; appropriate remedies granted including judicial assignment of the 6th defendant's programs to the 1st plaintiff, a three-year springboard injunction, perpetual mandatory and prohibitory injunctions, a…