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…