Malaysia Case Law: Decisions & Judgments

Topic

Collective agreement compliance

Legal area

Court

24 Apr 2024

AWANG BIN GHAZALI 1. ) MALAYSIA AIRPORT HOLDINGS BERHAD 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

Citation

WA-25-38-02/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-38-02/2023 (Mahkamah Tinggi)

The High Court held that Article 31(2) of the Collective Agreement is mandatory when an employer elects to retire an employee on medical grounds; the employer must convene and await the Medical Board's recommendation before effecting medical retirement. The Industrial Court erred in upholding the respondent's unilateral decision based solely on the panel doctor's opinion; the Industrial Court Award is therefore quashed by certiorari.
7 Oct 2020

MALAYSIAN AIRLINE SYSTEM BERHAD ISMAIL NASARUDDIN BIN ABDUL WAHAB

Citation

W-01(A)-568-10/2019 (Mahkamah Rayuan)
Court

A
Case number

W-01(A)-568-10/2019 (Mahkamah Rayuan)

The Court of Appeal held that the Industrial Court’s factual findings that the respondent repeatedly breached express and implied terms (unauthorised press statements) were reasonable and supported dismissal; sections 4 and 5(1) IRA 1967 were not contravened because s5(2) permits dismissal for proper cause; s22 TUA 1959 immunity against tortious suits does not immunise a union officer from dismissal for contractual misconduct; the trade dispute procedures were not exhausted and issuing the press statement was not a protected act that avoided disciplinary consequences. Therefore the High Court…
20 Jan 2020

PERSATUAN EKSEKUTIF TENAGA NASIONAL BERHAD 1. YANG BERHORMAT MENTERI SUMBER MANUSIA, MALAYSIA. 2. TENAGA NASIONAL BERHAD.

Citation

WA-25-382-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-382-08/2019 (Mahkamah Tinggi)

The Minister acted within the authority conferred by section 9(1D) IRA 1967 in relying on the DGIR investigation to determine that 1306 positions in Grades E12–E17 are non-executive; there was no procedural impropriety or irrationality warranting interference, there is no statutory duty to give reasons or disclose the DGIR report, and the applicant was disentitled to equitable relief for not coming to court with clean hands.

Malaysia Case Law

AWANG BIN GHAZALI 1. ) MALAYSIA AIRPORT HOLDINGS BERHAD 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

MALAYSIAN AIRLINE SYSTEM BERHAD ISMAIL NASARUDDIN BIN ABDUL WAHAB

PERSATUAN EKSEKUTIF TENAGA NASIONAL BERHAD 1. YANG BERHORMAT MENTERI SUMBER MANUSIA, MALAYSIA. 2. TENAGA NASIONAL BERHAD.