22 Jun 2022
SINMAH AXIS HEALTHCARE SDN BHD 1. ) MENTERI SUMBER MANUSIA 2. ) MAHKAMAH PERUSAHAAN MALAYSIA 3. ) MOHD ISMAIL BIN ABDUL HAMID
- Citation
- WA-25-105-04/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-25-105-04/2021 (Mahkamah Tinggi)
The Minister lawfully exercised his discretion under s 20(3) IRA by referring the unresolved dispute to the Industrial Court because the matters raised involved serious questions of fact and law (employment status and remedies) that required the Industrial Court's fact‑finding; the representation was not frivolous or vexatious; the referral was not tainted by illegality, Anisminic error or Wednesbury unreasonableness, therefore the judicial review application to quash the referral was dismissed.