29 Nov 2022
OSRAM OPTO SEMICONDUCTORS (MALAYSIA) SDN. BHD. 1. ) OOI MEI CHEIN @ WEI MEI CHEIN 2. ) MAHKAMAH PERUSAHAAN MALAYSIA
- Citation
- P-01(A)-525-09/2021 (Mahkamah Rayuan)
- Court
- A
- Case number
- P-01(A)-525-09/2021 (Mahkamah Rayuan)
The Court of Appeal held the Industrial Court's finding of genuine redundancy was irrational and unsupported because the appellant's own documents showed the employee's duties remained and were merely redistributed; accordingly the High Court correctly quashed the Industrial Court Award. However, reinstatement after a six‑year lapse and breakdown of mutual trust would not be conducive to industrial harmony, so reinstatement was varied to compensation in lieu (RM804,650), High Court award of back wages (RM772,464) and punitive damages (RM50,000) were affirmed, and costs awarded (RM15,000).