Malaysia Case Law: Decisions & Judgments

Topic

Scope of employment

Legal area

Court

3 Dec 2025

KETUA PENGARAH PERTUBUHAN KESELAMATAN SOSIAL AHMAD IZZAT FARHAN BIN ROSELAN

Citation

BA-16-1-01/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-16-1-01/2025 (Mahkamah Tinggi)

The High Court held that for an injury to qualify as an employment injury under s.2(6) Act 4 both elements (arising out of employment and arising in the course of employment) must be satisfied; on the evidence the Respondent failed to establish those elements in relation to the futsal event, and the SSAB erred in its emphasis on implied employer-employee expectations. The appeal was therefore allowed and the SSAB decision set aside.
14 Aug 2024

AHMAD FAIZAL BIN AHMAD ZAMZAMI TELEKOM MALAYSIA BERHAD

Citation

B-02(NCvC)(W)-102-01/2023 (Mahkamah Rayuan)
Court

NCvC
Case number

B-02(NCvC)(W)-102-01/2023 (Mahkamah Rayuan)

The Court of Appeal held that the High Court erred in exonerating D1 and D2: D3’s wrongful acts were so closely connected with his role as Maintenance Supervisor that it was fair and just to impute vicarious liability and contractual indemnity under Clause 43.2 to D1 and D2. The Court affirmed D6’s liability at 20% for his limited but knowing participation. Consequently Appeal 112 was allowed (judgment entered against D1 and D2) and Appeal 102 was dismissed.
18 Oct 2022

GMP KAISAR SECURITY (M) SDN BHD MOHAMAD AMIRUL AMIN BIN MOHAMED AMIR

Citation

02(f)-44-07/2021(P) (Mahkamah Persekutuan)
Court

f
Case number

02(f)-44-07/2021(P) (Mahkamah Persekutuan)

The Federal Court held GMP vicariously liable because Jaafar, an armed personal bodyguard provided with GMP's firearm and on duty, committed intentional wrongful acts that were so closely connected to the nature of his employment and the risk created by the employer that it was fair and just to impose liability; the absence of a specific tort label at trial did not negate the factual findings establishing tortious liability.
29 Jan 2021

GMP KAISAR SECURITY (M) SDN. BHD. (NO. SYARIKAT: 700058-U) MOHAMAD AMIRUL AMIN BIN MOHAMED AMIR (NO. K/P: 880630-07-5017)

Citation

P-02(NCvC)(W)-1556-08/2019 (Mahkamah Rayuan)
Court

NCvC
Case number

P-02(NCvC)(W)-1556-08/2019 (Mahkamah Rayuan)

The minority judge would reverse the High Court: vicarious liability was improperly imposed because the trial court failed to identify a specific tort by the employee and failed to apply the required closeness-of-connection test; the employee's shooting was a frolic of his own not done in the course of employment or for the employer's business, therefore the employer should not be held vicariously liable.

Malaysia Case Law

KETUA PENGARAH PERTUBUHAN KESELAMATAN SOSIAL AHMAD IZZAT FARHAN BIN ROSELAN

AHMAD FAIZAL BIN AHMAD ZAMZAMI TELEKOM MALAYSIA BERHAD

GMP KAISAR SECURITY (M) SDN BHD MOHAMAD AMIRUL AMIN BIN MOHAMED AMIR

GMP KAISAR SECURITY (M) SDN. BHD. (NO. SYARIKAT: 700058-U) MOHAMAD AMIRUL AMIN BIN MOHAMED AMIR (NO. K/P: 880630-07-5017)