SUBJECT INDEX

ADMINISTRATIVE LAW

Judicial review – Certiorari – Application for – Award of Industrial Court – Employment – Constructive dismissal – Whether there was fundamental breach that went to root of employment contract – Ambiguity of employer's actions – Whether indicated severance of employment – Whether breached implied mutual trust and confidence – Whether there was intention to repudiate employment contract – Whether 'contract test' for constructive dismissal satisfied – Whether employer's conduct tantamount to constructive dismissal
Sudhir Ak Kumaren v. Industrial Court Of Malaysia & Anor
(Che Mohd Ruzima Ghazali, Azmi Ariffin & Azhahari Kamal Ramli JJCA) [2025] 2 ILR 210

CONTRACT

Employment contract – Breach – Constructive dismissal – Claim by employer against employee for breach of employment contract – Employer commenced claim at Magistrates' Court – Allegation by employee that cessation of employment due to constructive dismissal – Whether claim purely contractual – Whether claim sought determination on dismissal – Whether civil court retained jurisdiction to hear matter
Affirm Plus Properties Sdn Bhd & Anor v. Jerome Lim Ming Chieh
(Norhanum Hassan Mg) [2025] 2 ILR 244

COURTS

Jurisdiction – Industrial Court – Claim by employer against employee for breach of employment contract – Employer commenced claim at Magistrates' Court – Allegation by employee that cessation of employment due to constructive dismissal – Whether dispute fell under exclusive jurisdiction of Industrial Court – Whether employer's claim at Magistrates' Court circumvented Industrial Court's authority – Industrial Relations Act 1967, s. 20
Affirm Plus Properties Sdn Bhd & Anor v. Jerome Lim Ming Chieh
(Norhanum Hassan Mg) [2025] 2 ILR 244

CIVIL PROCEDURE

Judicial review – Challenge against decision of Industrial Court – Appeal against award of Industrial Court allowed by High Court – Whether matter ought to be brought by way of judicial review or appeal to High Court – Whether High Court erred in holding appeal was properly laid – Whether applicable Act was Industrial Relations Act 1967 ('IRA'), as amended by Industrial Relations (Amendment) Act 2020, or unamended IRA – Whether referral to Industrial Court, in respect to representation for reinstatement under s. 20 of IRA by aggrieved workman or person, ought to be made by Minister of Human Resources or Director General of Industrial Relations
Rosli Saad v. SG Concrete Products (M) Sdn Bhd & Another Appeal
(Supang Lian, Lim Chong Fong, Ahmad Fairuz Zainol Abidin JJCA) [2025] 2 ILR 201

LABOUR LAW

Award – Industrial Court – Appeal against award of Industrial Court allowed by High Court – Whether matter ought to be brought by way of judicial review or appeal to High Court – Whether High Court erred in holding appeal was properly laid – Whether applicable Act was Industrial Relations Act 1967 ('IRA'), as amended by Industrial Relations (Amendment) Act 2020, or unamended IRA – Whether referral to Industrial Court, in respect to representation for reinstatement under s. 20 of IRA by aggrieved workman or person, ought to be made by Minister of Human Resources or Director General of Industrial Relations
Rosli Saad v. SG Concrete Products (M) Sdn Bhd & Another Appeal
(Supang Lian, Lim Chong Fong, Ahmad Fairuz Zainol Abidin JJCA) [2025] 2 ILR 201

Collective agreement – Trade dispute – Annual increment – Non-payment – Collective agreement provided for annual compensation review/annual increment of 2.5% based on employer/company's and individual performance – Failure of company to comply with article in collective agreement – Whether company in healthy financial position to pay annual increment – Whether company must pay annual increment – Industrial Relations Act 1967, ss. 18 & 26(2)
Kesatuan Sekerja Industri Elektronik Wilayah Utara Semenanjung Malaysia v. WD Media (M) Sdn
(Rusita Md Lazim) [2025] 2 ILR 356

Employment – Dismissal – Constructive dismissal – Breach of employment contract – Allegation by employee that he was constructively dismissed by employer – Whether there was constructive dismissal – Whether employer breached fundamental term of contract – Whether breach so serious that it justified resignation – Whether resignation was direct response to breach – Whether employee did not delay in resigning after breach occurred
Affirm Plus Properties Sdn Bhd & Anor v. Jerome Lim Ming Chieh
(Norhanum Hassan Mg) [2025] 2 ILR 244

Employment – Dismissal – Constructive dismissal – Claimant not allowed to perform duties after returning from leave – Whether employer breached employment contract – Whether claimant constructively dismissed – Whether dismissal with just cause and excuse – Industrial Relations Act 1967, ss. 20 & 30(5)
Wong Lee Koon v. Inigo Academy
(Eswary Maree) [2025] 2 ILR 317

Employment – Dismissal – Curriculum vitae – False/inaccurate information – Employee provided false/inaccurate information regarding employment history during application process – Employer carried out background check after employee was hired – Discovery of discrepancy – Whether there was misrepresentation by employee – Whether dismissal with just cause or excuse – Industrial Relations Act 1967, ss. 20(3) & 30(5)
Usama Ahmed Junaid v. Concentrix CVG Malaysia Sdn Bhd
(Ahmad Razif Mohd Sidek) [2025] 2 ILR 387

Employment – Dismissal – Constructive dismissal – Whether there was fundamental breach that went to root of employment contract – Ambiguity of employer's actions – Whether indicated severance of employment – Whether breached implied mutual trust and confidence – Whether there was intention to repudiate employment contract – Whether 'contract test' for constructive dismissal satisfied – Whether employer's conduct tantamount to constructive dismissal
Sudhir Ak Kumaren v. Industrial Court Of Malaysia & Anor
(Che Mohd Ruzima Ghazali, Azmi Ariffin & Azhahari Kamal Ramli JJCA) [2025] 2 ILR 210

Employment – Dismissal – Misconduct – Sexual harassment – Superior sent inappropriate text messages to subordinate – Subordinate remained passive in fear of either superior becoming vengeful at workplace or losing job – Whether silence on part of subordinate meant acquiescence – Superior justified messages by stating that he was in mutual/personal relationship with subordinate – Superior dismissed from employment – Employer's policy on sexual harassment and relationships amongst employees – Whether dismissal with just cause or excuse – Industrial Relations Act 1967
Mohamed Rezal Mohamed Suhaimi v. Kellogg Asia Product Sdn Bhd
(Paramalingam J Doraisamy) [2025] 2 ILR 404

Employment – Dismissal – Probationer – Unsatisfactory work performance – Probationer failed to pass probationary period and dismissed from employment – Whether unsatisfactory work performance established – Whether probationer's performance met employer's requirements and expectations – Whether there was dereliction of duty – Whether probationer dismissed with just cause and excuse – Industrial Relations Act 1967, ss. 20(3) & 30(5)
Noor Erdawati Salleh v. NS Seng Sdn Bhd
(Jeyaseelen T Anthony) [2025] 2 ILR 282

Employment – Dismissal – Retrenchment – Redundancy – Employee dismissed from employment due to redundancy – Allegation by employer that there were financial difficulties – Whether employer facing financial difficulties – Whether there was redundancy – Whether termination with just 1967, ss. 20(3) & 30(5) – Labour (Termination and Layoff Benefits) (Sabah) Rules 2008 – Sabah Labour Ordinance
Jalimin Mampur v. Empada Sdn Bhd
(Indra Ayub) [2025] 2 ILR 338

Employment – Dismissal – Retrenchment – Redundancy – Forced resignation – Mutual separation scheme ('MSS') – Employee promoted but later on informed of redundancy and retrenchment – Employer repeatedly insisted and pressured employee to tender resignation letter to complete MSS process – Employee tendered resignation under duress – Whether there was redundancy – Whether employer suffering financial difficulties – Whether there was lack of good faith – Whether employee's departure orchestrated by employer – Whether dismissal of employee with just cause or excuse – Industrial Relations Act 1967, ss. 20(3) & 30(5)
Teh Yet Poh v. Tropicana Shared Services Sdn Bhd
(Augustine Anthony) [2025] 2 ILR 253

TRADE DISPUTE

Annual increment – Non-payment – Collective agreement provided for annual compensation review/annual increment of 2.5% based on employer/company's and individual performance – Failure of company to comply with article in collective agreement – Whether company in healthy financial position to pay annual increment – Whether company must pay annual increment – Industrial Relations Act 1967, ss. 18 & 26(2)
Kesatuan Sekerja Industri Elektronik Wilayah Utara Semenanjung Malaysia v. WD Media (M) Sdn
(Rusita Md Lazim) [2025] 2 ILR 356

INDEKS PERKARA

UNDANG-UNDANG BURUH

Pekerjaan – Penamatan – Pekerja menyelia projek – Projek yang diselia oleh pekerja mengalami kerugian besar – Pekerja ditamatkan perkhidmatan oleh majikan – Sama ada prestasi pekerja adalah penyebab utama kerugian – Sama ada penamatan pekerjaan pekerja dengan alasan atau sebab wajar – Akta Perhubungan Perusahaan 1967, s. 20(3)
Mazli Abdullah v. Koperasi Pembangunan Kampung Tersusun Mawai Baru Berhad
(Tengku Amir Zaki Tengku Abdul Rahman) [2025] 2 ILR 376

Perkhidmatan – Penamatan – Pemberhentian kerja – Syarikat menamatkan perkhidmatan pihak menuntut atas kesalahan menyimpan 'copper waste' milik syarikat – Sama ada syarikat bertindak secara bona fide – Sama ada penamatan perkhidmatan pihak menuntut dibuat secara adil – Sama ada tindakan majikan menamatkan perkhidmatan tidak wajar serta tanpa sebab atau alasan munasabah – Akta Perhubungan Perusahaan 1967, ss. 20(3) & 30(5)
Kumarathevan Gunaseelan v. Quartzelec Sdn Bhd
(Mohd Zulbahrin Zainuddin) [2025] 2 ILR 302