Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Just cause or excuse

Legal area

Court

15 Sept 2022

PARTHIAPPA A/L THATHGNANAM 1. ) W MILTEK SDN. BHD. 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

Citation

WA-25-255-09/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-255-09/2020 (Mahkamah Tinggi)

Although the applicant committed the misconduct (directorship and shareholding in a competing company), the 1st respondent's prolonged inaction and delay in addressing the matter constituted condonation; that condonation rendered the subsequent dismissal unjust and without excuse, making the Industrial Court Award Wednesbury unreasonable and subject to certiorari; therefore the Award is quashed and the matter remitted to the Industrial Court to determine quantum.
29 Sept 2020

LINI FEINITA BINTI MUHAMMAD FEISOL INDAH WATER KONSORTIUM SDN BHD

Citation

W-02(A)-1932-10/2019 (Mahkamah Rayuan)
Court

A
Case number

W-02(A)-1932-10/2019 (Mahkamah Rayuan)

The Court of Appeal held the High Court exceeded its jurisdiction by overturning the Industrial Court's findings of fact and reinstated the Industrial Court Award: where a domestic inquiry was held the Industrial Court must consider the DI findings and the employer cannot re-adduce or rely on charges found not proven by its DI without adducing contrary evidence at the Industrial Court; judicial review does not empower the High Court to reassess credibility-based findings absent illegality or plain irrationality; on the facts the dismissal was without just cause or excuse and the penalty of di…