Malaysia Case Law: Decisions & Judgments

Topic

Wage deductions

Legal area

Court

29 Oct 2025

EZCARE TRANSPORTERS SDN BHD MOHAMMAD ANWAR BIN MOHAMMAD

Citation

BA-16-16-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-16-16-04/2024 (Mahkamah Tinggi)

The court held the respondent was an employee under the Employment Act 1955 despite probationary status and that section 24 prohibits the employer from making wage deductions without written consent of the employee or prior permission of the Director-General; therefore KPTR correctly ordered payment of RM3,485.85 and the appeal was dismissed.
29 Feb 2024

SRI MAJU SARATA EKSPRES SDN BHD SEGAR A/L MUNUSAMY & 35 ORANG YANG LAIN

Citation

AA-16-16-09/2023 (Mahkamah Tinggi)
Court

High Court
Case number

AA-16-16-09/2023 (Mahkamah Tinggi)

The appeal is dismissed: evidence established that Sri Maju and related companies operated as a single integrated enterprise making Sri Maju the employer; respondents were contractually entitled to their basic salary (RM1200) during the MCO and the RM600 paid under SOCSO PSU did not discharge the employer's obligation; consent letters were not voluntary or informed and cannot justify the deductions; part‑time work or withdrawal does not defeat entitlement, therefore the ICJ award is upheld.
4 Jan 2024

RIVER POOL RESOURCES (M) SDN. BHD WONG KIT LEONG

Citation

BA-16-7-02/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-16-7-02/2023 (Mahkamah Tinggi)

Appeal dismissed. The High Court held the employer could not recover alleged overpaid commissions because deductions for overpayments are lawful only within three months under s24 Employment Act 1955 and the employer made deductions after seven months; additionally the employer failed to verify commission claims before payment, thereby barring recovery. The Labour Court/Director General's award in favour of the employee was therefore affirmed.
21 Dec 2023

MOHD AZLAN BIN MARJUKI @ MD.YUSOFF HIG LANGKAWI HOLDINGS SDN. BHD.

Citation

KD-A52NCvC-5-06/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

KD-A52NCvC-5-06/2022 (Mahkamah Sesyen)

Defendant breached the employment contract by continuing wage and EPF deductions beyond the expressly agreed three months without proof of plaintiff’s consent; frustration was not available because it was not pleaded; defendant failed to discharge the burden of proving financial necessity (no audited accounts); adverse inference drawn under s114(g) Evidence Act; plaintiff entitled to relief including EPF withdrawal; claim allowed on balance of probabilities with costs on scale.

Malaysia Case Law

EZCARE TRANSPORTERS SDN BHD MOHAMMAD ANWAR BIN MOHAMMAD

SRI MAJU SARATA EKSPRES SDN BHD SEGAR A/L MUNUSAMY & 35 ORANG YANG LAIN

RIVER POOL RESOURCES (M) SDN. BHD WONG KIT LEONG

MOHD AZLAN BIN MARJUKI @ MD.YUSOFF HIG LANGKAWI HOLDINGS SDN. BHD.