9 Jan 2024
MD GHAZALI BIN ALI 1. ) MAHKAMAH PERUSAHAAN MALAYSIA 2. ) MMC ENGINEERING GROUP BERHAD
- Citation
- JA-25-30-11/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-25-30-11/2022 (Mahkamah Tinggi)
High Court held the Industrial Court's award was irrational/perverse and procedurally improper: it failed to take into account relevant evidence (draft status of the commitment document, HR involvement, absence of signatures, absence of proven real damage), failed to consider proportionality of dismissal and failed to address apparent bias arising from COO's involvement; certiorari was granted to quash the award and the matter was remitted to the Industrial Court for reconsideration of relief (reinstatement or appropriate compensation).