Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Employer-employee relationship

Legal area

Court

28 Apr 2023

LEE YEW FAI

Citation

BA-83-1775-11/2019 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BA-83-1775-11/2019 (Mahkamah Majistret)

Prosecution failed to prove the essential element that the accused employed the three foreign nationals; supervisory presence and control of premises and production of a roster were insufficient to establish an employer-employee relationship or payment, therefore no prima facie case existed and the accused was properly discharged and acquitted at the end of the prosecution case.
22 Jun 2022

SINMAH AXIS HEALTHCARE SDN BHD 1. ) MENTERI SUMBER MANUSIA 2. ) MAHKAMAH PERUSAHAAN MALAYSIA 3. ) MOHD ISMAIL BIN ABDUL HAMID

Citation

WA-25-105-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-105-04/2021 (Mahkamah Tinggi)

The Minister lawfully exercised his discretion under s 20(3) IRA by referring the unresolved dispute to the Industrial Court because the matters raised involved serious questions of fact and law (employment status and remedies) that required the Industrial Court's fact‑finding; the representation was not frivolous or vexatious; the referral was not tainted by illegality, Anisminic error or Wednesbury unreasonableness, therefore the judicial review application to quash the referral was dismissed.