Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Workman status

Legal area

Court

31 Oct 2025

RAJKUMAR A/L VIJAYAN 1. ) MAHKAMAH PERUSAHAAN MALAYSIA 2. ) SUNTECH ENGINEERING KOREA CO LTD

Citation

JA-25-25-10/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-25-25-10/2024 (Mahkamah Tinggi)

The Industrial Court misapplied the statutory test for 'workman' by focusing on the payment conduit and ignoring uncontroverted documentary and oral evidence; that failure amounted to illegality and procedural impropriety; consequently the award was quashed, the claimant was declared a workman and dismissed without just cause, and because the record was complete and undisputed the High Court exercised jurisdiction to assess compensation (back wages capped at 24 months and additional equitable compensation) instead of remitting to the Industrial Court.
26 Aug 2021

Tan Wei Ching DA TONG SHI JE SUPPLIES & SERVICES SDN BHD

Citation

A-01(A)-674-11/2019 (Mahkamah Rayuan)
Court

A
Case number

A-01(A)-674-11/2019 (Mahkamah Rayuan)

The Court allowed the appeals and set aside the High Court order because the Minister lawfully exercised his discretion under s.20(3) IRA 1967 to refer the dispute to the Industrial Court — the materials raised serious issues of fact and law (the claimant's status) that required Industrial Court adjudication — and the learned Judicial Commissioner erred by deciding unpleaded issues and treating the Minister as having made a conclusive finding on workman status.