Malaysia Case Law: Decisions & Judgments

Topic

Retirement age

Legal area

Court

23 Oct 2025

Syarikat Sen Joo Heng Sdn Bhd Pua Ching Kiau

Citation

BA-16-47-09/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-16-47-09/2024 (Mahkamah Tinggi)

Court accepted DGM's factual finding that the respondent was terminated by the appellant via Mr Low but found DGM erred in law by disregarding that the respondent was 62 and had reached the statutory minimum retirement age; applying the Minimum Retirement Age Act, relevant regulation and authority in Colgate Palmolive, the respondent is not entitled to termination benefits, therefore the DGM's award was set aside.
29 May 2025

Chang Chuen Hwa South Island Plastics Sdn Bhd

Citation

PA-16A-2-01/2025 (Mahkamah Tinggi)
Court

High Court
Case number

PA-16A-2-01/2025 (Mahkamah Tinggi)

The claimant was properly found to be a 'workman' under the Industrial Relations Act and therefore subject to the Minimum Retirement Age Act 2012 which mandates retirement at 60; statutory retirement cannot be waived by conduct, reinstatement was impossible as the claimant was over 60 when the Award was delivered, and therefore no compensation in lieu of reinstatement was awardable; appeal dismissed and Industrial Court decision affirmed.
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.
2 Oct 2020

LEE LOK KAN NO. KP: 550320-06-5011 1. ) FOODTELLER SDN. BHD 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

Citation

WA-25-77-02-2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-77-02-2019 (Mahkamah Tinggi)

The High Court held the Industrial Court did not err: s.4(1) Minimum Retirement Age Act 2012 mandates retirement at 60 irrespective of company policy; the applicant had reached statutory retirement age at time of the alleged dismissal and/or had ceased employment by prior resignation, therefore reinstatement, compensation in lieu and back wages were not available; no grounds for judicial review were established.
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.
1 Jan 1900

ANSELL INDUSTRIAL & SPECIALTY GLOVES MALAYSIA SDN BHD 1. LIM IM TEE 2. MAHKAMAH PERUSAHAAN MALAYSIA

Citation

PA-25-43-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-25-43-08/2019 (Mahkamah Tinggi)

The High Court quashed the Industrial Court Award because the finding that Ansell re‑employed Lim as a permanent employee until age 60 was unsupported by evidence and irrational; Lim had retired, accepted retirement benefits and voluntarily entered post‑retirement fixed‑term contracts which superseded any prior negotiations, and ostensible authority was improperly applied where there was no conduct by the principal to indicate approval of an agent binding the company to permanent employment.

Malaysia Case Law

Syarikat Sen Joo Heng Sdn Bhd Pua Ching Kiau

Chang Chuen Hwa South Island Plastics Sdn Bhd

SINMAH AXIS HEALTHCARE SDN BHD 1. ) MENTERI SUMBER MANUSIA 2. ) MAHKAMAH PERUSAHAAN MALAYSIA 3. ) MOHD ISMAIL BIN ABDUL HAMID

LEE LOK KAN NO. KP: 550320-06-5011 1. ) FOODTELLER SDN. BHD 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

MOL ACCESSPORTAL SDN BHD THAM KAH FOOK

ANSELL INDUSTRIAL & SPECIALTY GLOVES MALAYSIA SDN BHD 1. LIM IM TEE 2. MAHKAMAH PERUSAHAAN MALAYSIA