31 Oct 2019
NORVATIS CORPORATION (MALAYSIA) SDN. BHD. 1. ) MAHKAMAH PERUSAHAAN MALAYSIA 2. ) LEE LILY NO. KP: 660717-05-5468 3. ) LEONG CHEE KEONG NO. KP: 630226-10-7545
- Citation
- WA-25-189-04-2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-25-189-04-2019 (Mahkamah Tinggi)
The High Court held the Industrial Court erred in law by treating Practice Note No.1 of 1987 as displacing the statutory Second Schedule; the Second Schedule is mandatory and caps back wages at 24 months regardless of reinstatement; because the Industrial Court ordered a 50% deduction that must be applied to the statutory cap, the correct payable period is 50% of 24 months = 12 months; the Interpretation Awards were therefore tainted by illegality and irrationality and were quashed.