16 Jul 2025
1. ) Abdul Halim Bin Mubarak 2. ) Abeha B. Mohd Yasin 3. ) Aini Bt Hamid 4. ) Aishah Mariam Bt K. Thamby Sahib 5. ) Azirridzam Bin Hamid 6. ) Ridwan Rodrigues Bin Abdullah 7. ) Che Haminah Bt Che Harun 8. ) Chin Yan Mooi 9. ) Chris Ng Ah Kw
- Citation
- WA-22NCvC-267-05/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-267-05/2022 (Mahkamah Tinggi)
On the balance of probabilities the court found D1 deliberately concealed the migration of employees to D3 and issued release letters as a device to avoid contractual/statutory liabilities; plaintiffs did not consent or know of the migration and suffered loss of contractual retirement/retrenchment benefits as a direct consequence, therefore D1 is liable. D2 is not liable because plaintiffs failed to prove it was their employer and the separate legal entity doctrine applies. The civil court may award contractual retirement benefits on these facts.