22 Oct 2024
YAP CHIN WAH 1. ) MAHKAMAH PERUSAHAAN MALAYSIA 2. ) MMSB CONSULT SDN BHD
- Citation
- W-01(A)-603-11/2023 (Mahkamah Rayuan)
- Court
- A
- Case number
- W-01(A)-603-11/2023 (Mahkamah Rayuan)
The Court held that the Industrial Court erred in law by construing clause 14 as the exclusive basis for termination and by failing to apply the correct legal test for genuine redundancy; the Ministry of Finance cost‑optimisation measures and consequent consolidation of functions legitimately reduced MMSB's workforce requirements such that retrenchment was bona fide and lawful; third‑party (PDP/Prasarana) approval was not a prerequisite to MMSB retrenching its employees; therefore the High Court's quashing of the Industrial Court awards was correct and is affirmed.