Malaysia Case Law: Decisions & Judgments

Topic

Section 20 industrial relations act 1967

Legal area

Court

14 Nov 2023

LOURDES MEDICAL SERVICES SDN BHD 1. ) LALITHA A/P SUBRAMANIAM 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

Citation

WA-25-378-12/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-378-12/2021 (Mahkamah Tinggi)

Employer failed to discharge burden of proving actual redundancy with concrete contemporaneous evidence; retrenchment was made hastily (within two weeks of MCO) and was tainted by arbitrariness and capriciousness; Industrial Court's finding that dismissal was without just cause is upheld and judicial review dismissed.
20 Jun 2022

The United States Of America 1. ) MENTERI SUMBER MANUSIA 2. ) MAHKAMAH PERUSAHAAN MALAYSIA 3. ) Subramaniam A/L Letchimanan

Citation

01(f)-18-10/2021(W) (Mahkamah Persekutuan)
Court

f
Case number

01(f)-18-10/2021(W) (Mahkamah Persekutuan)

Where the applicability of restrictive sovereign immunity in an employment dismissal depends on factual findings about the nature, duties and role of the employee (a mixed question of fact and law), the Industrial Court is the proper forum to decide the issue after hearing evidence; the Minister did not unlawfully exercise his discretion in referring the representation under pre-amended section 20 IRA 1967 and the High Court should not have resolved the immunity issue by judicial review at the threshold stage; accordingly the Court of Appeal was correct to set aside the High Court and the app…
22 Jun 2021

MARITIME INTELLIGENCE SDN.BHD TAN AH GEK

Citation

02(f)-06-10/2020(J) (Mahkamah Persekutuan)
Court

f
Case number

02(f)-06-10/2020(J) (Mahkamah Persekutuan)

The Federal Court held the Industrial Court may not entertain or base its finding that a dismissal was with just cause or excuse on reasons that were not operative in the employer's mind at the time of dismissal and were first advanced post‑dismissal in pleadings; post‑dismissal matters may only be considered for shaping the appropriate remedy, not to justify the original termination.
21 Apr 2021

ADAM HUSEIN BIN YUSOP 1. CIMB BERHAD 2. MAHKAMAH PERUSAHAAN MALAYSIA

Citation

WA-25-550-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-550-12/2019 (Mahkamah Tinggi)

The High Court held the Industrial Court erred in law and was Wednesbury unreasonable in declining jurisdiction: the Minister/Director General were not functus officio to refer the applicant's complaint about breach of the Memorandum, the Industrial Court had a duty to determine the referral on its merits, and the question of timeliness was not validly sustained by the Industrial Court; accordingly leave for certiorari and mandamus was granted and the decision of the Industrial Court set aside to the extent of its refusal to assume jurisdiction.

Malaysia Case Law

LOURDES MEDICAL SERVICES SDN BHD 1. ) LALITHA A/P SUBRAMANIAM 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

The United States Of America 1. ) MENTERI SUMBER MANUSIA 2. ) MAHKAMAH PERUSAHAAN MALAYSIA 3. ) Subramaniam A/L Letchimanan

MARITIME INTELLIGENCE SDN.BHD TAN AH GEK

ADAM HUSEIN BIN YUSOP 1. CIMB BERHAD 2. MAHKAMAH PERUSAHAAN MALAYSIA