Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Fiduciary duty of employee
  • 10 Jan 2023

    Island Hospital Sdn Bhd Munyiswar a/l Munisamy

    Citation
    PA-25-13-02/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    PA-25-13-02/2021 (Mahkamah Tinggi)

    The High Court allowed Island Hospital's judicial review because the Industrial Court chairman failed to consider crucial admissions and evidence that the HR manager amended the sponsorship agreement without board approval, conduct amounting to dishonest/fiduciary breach justifying dismissal; reinstatement was refused due to strained relations; the 50% reduction in backwages was a lawful exercise of discretion given mitigation by subsequent employment; punitive damages were not warranted.