24 Sept 2020
MOL ACCESSPORTAL SDN BHD THAM KAH FOOK
- Citation
- WA-25-530-11/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-25-530-11/2019 (Mahkamah Tinggi)
The High Court held the Industrial Court did not err: it properly read the contemporaneous Contract of Employment and Offer of Employment, found the specific 24‑month fixed‑term contract prevailed over the general retirement clause (Minimum Retirement Age Act 2012 reference), concluded the Respondent was unlawfully dismissed (not validly retired), and that awarding 13 months' back wages for the unexpired fixed term was justified; the judicial review application was dismissed and costs of RM5,000 awarded to the Respondent.