17 Jun 2019
FICE FRANSINA NENOBAIS LEE HEE CHOOI
- Citation
- BA-16-34-08/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-16-34-08/2018 (Mahkamah Tinggi)
The Labour Court erred in dismissing the appellant's claim solely on the ground of absence of a valid work permit without first determining whether an employment relationship existed; under s69 of the Employment Act 1955 the Labour Court has jurisdiction to inquire into unpaid wages and s5(3) of the Employment Restriction Act 1968 may deem a person employed by the place where they performed employee acts, so the permit defence must be addressed after a merits inquiry.