Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Ministerial reference

Legal area

Court

31 Jan 2024

ROSLIND TAN KHENG SUAN PENANG MEDICAL COLLEGE SDN.BHD

Citation

PA-16A-1-01/2023 (Mahkamah Tinggi)
Court

High Court
Case number

PA-16A-1-01/2023 (Mahkamah Tinggi)

Because the ministerial reference was made before the Industrial Relations (Amendments) Act 2020 came into force, Section 35 preserves the pre‑amendment procedural regime; therefore the correct route to challenge the Industrial Court award is by judicial review under Order 53 of the Rules of Court 2012 and not by an appeal under Section 33C, and the appeal is struck out with costs.
27 Jul 2021

KESATUAN PEKERJA-PEKERJA CONTINENTAL TYRE PJ MALAYSIA SDN. BHD. 1. ) CONTINENTAL TYRE PJ MALAYSIA SDN. BHD. 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

Citation

WA-25-51-01-2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-51-01-2020 (Mahkamah Tinggi)

The High Court held the Industrial Court erred in law by abandoning jurisdiction and dismissing the Applicant's claim at a preliminary stage despite the pleadings and Ministerial Reference being connected; section 30(6) IRA confers broad remedial power and the Award was perverse/Wednesbury-unreasonable, therefore the Award must be set aside and relief granted in terms of the Court's order.