Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Work permit

  • 15 Oct 2025

    RAJAMANSINGH MUKESH SINGH BGB BINA WORKS SDN BHD

    Citation
    BA-16-51-10/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-16-51-10/2024 (Mahkamah Tinggi)

    Appeal dismissed because there was no evidence of a contract of service, payment of wages or sufficient control to establish an employer-employee relationship under the Employment Act; issuance of a work permit in the respondent's name alone was insufficient to infer employment, and the DGL did not err in refusing further adjournment after previously granting time to secure counsel.

  • 9 Sept 2022

    NABEEL MOHAMMED HUSSEIN ALRAKHAMI HADRAMAWT KITCHEN SDN BHD

    Citation
    WA-A72NCvC-6944-08/2020 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    WA-A72NCvC-6944-08/2020 (Mahkamah Majistret)

    Court held the offer letter dated 10.2.2020 was valid and binding; clause 14 permitted the employer to reduce salary to 50% during the PKP; termination on 1.7.2020 breached clause 3(a) as no written notice was given, entitling plaintiff to one month pay in lieu; visa/status issues do not bar civil recovery and were not pleaded by defendant; plaintiff proved entitlement to RM3,000 unpaid balance for March, 50% pay for April–June totaling RM9,000, and RM6,000 in lieu of notice, total RM18,000; other claimed sums not proven.

  • 17 Jun 2019

    FICE FRANSINA NENOBAIS LEE HEE CHOOI

    Citation
    BA-16-34-08/2018 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-16-34-08/2018 (Mahkamah Tinggi)

    The Labour Court erred in dismissing the appellant's claim solely on the ground of absence of a valid work permit without first determining whether an employment relationship existed; under s69 of the Employment Act 1955 the Labour Court has jurisdiction to inquire into unpaid wages and s5(3) of the Employment Restriction Act 1968 may deem a person employed by the place where they performed employee acts, so the permit defence must be addressed after a merits inquiry.