Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Fixed-term vs permanent employment

Legal area

Court

18 Dec 2025

GAN KOK KUAN 1. ) MAHKAMAH PERUSAHAAN MALAYSIA 2. ) FURNIWEB MANUFACTURING SDN BHD

Citation

WA-25-357-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-357-11/2023 (Mahkamah Tinggi)

The High Court held that having found on the facts that the 2nd Respondent was the Applicant's employer, it was irrational for the Industrial Court to exclude the USD 3,012.96 monthly salary paid via PEWA from back wages; the full salary received while employed in Vietnam must be taken into account, the High Court may quash that part of the Industrial Court award and compute the quantum, and the Applicant's computation of USD 72,311.00 (before a 20% deduction) using MYR 4.56 exchange rate is adopted.
21 Jun 2023

NOR AZRI BIN OMAR MRCB ENGINEERING SDN BHD

Citation

WA-12BNCvC-122-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-122-09/2022 (Mahkamah Tinggi)

Appellant was on successive fixed‑term contracts until 29.2.2004 and only became a permanent employee pursuant to a fresh offer dated 1.3.2004; the employer's circular effective 1.9.2002 limited gratuity to employees who were permanent as at that time and did not apply to new permanent hires after that date; there was no incorporation of prior contract service into the 1.3.2004 appointment, therefore appellant was not entitled to the claimed gratuity and the Session Court's dismissal was correct.