5 Oct 2022
Gopala Krishnan Chettiar A/L Muthu 1. ) SEALAND MARINE INSPECTION AND TESTING (M) SDN BHD 2. ) MAHKAMAH PERUSAHAAN MALAYSIA
- Citation
- W-01(A)-419-09/2020 (Mahkamah Rayuan)
- Court
- A
- Case number
- W-01(A)-419-09/2020 (Mahkamah Rayuan)
The Court of Appeal held the Industrial Court correctly applied the flexible test for 'workman' and, on the found facts, the Appellant — although a director/shareholder — performed duties and received remuneration consistent with employment and was constructively dismissed on 12 March 2018; the High Court exceeded its supervisory jurisdiction by substituting factual findings and unlawfully quashed the Award; Award reinstated.