SUBJECT INDEX

ADMINISTRATIVE LAW

Judicial review – Certiorari – Appeal – Claimants resident engineers employed on fixed term contract of employment – Review by Government on large-scale projects resulted in significant changes to project – Project changes from project delivery partner model to turnkey or 'design and build' contract – Project's organisational chart and site supervision staff restructured – Claimants identified as redundant and retrenched – Industrial Court held in claimants' favour and awarded compensation – High Court quashed Industrial Court's awards – Whether there was genuine need for retrenchment
Yap Chin Wah v. Mahkamah Perusahaan Malaysia & Anor And Other Appeals
(S Nantha Balan, Azman Abdullah & Azmi Ariffin JJCA) [2025] 3 ILR 471

COURTS

Industrial Court – Awards – Monetary relief – Awards for constructive dismissal – Claimant employed on fixed-term contract – Claimant dismissed from employment before expiry of contract – Claimant sought salary for unexpired balance of fixed term contract – Whether monetary relief extended to awarding entire balance of fixed-term contract – Industrial Relations Act 1967, s. 30(5)
Noor Azri Firdaus Noor Azman v. Orient BB Sdn Bhd
(Zalina Awang) [2025] 3 ILR 502

EVIDENCE

Hearsay – Dismissal of employees – Claimants terminated from services for alleged misconduct of, inter alia, impersonating as another company's staff and thieving information – Whether alleged misconducts proven – Whether alleged misconducts based on hearsay evidence
Grace Yong Yee Fui & Anor v. Hock Sheng Resources Sdn Bhd
(Indra Ayub) [2025] 3 ILR 579

LABOUR LAW

Employment – Dismissal – Claimants terminated from services for alleged misconducts of impersonating as another company's staff, thieving information and defiling director of company – Whether alleged misconducts proven – Whether there was credible evidence to support allegations – Whether evidence hearsay – Whether punishment proportionate to alleged misconducts – Whether claimants dismissed with just cause or excuse – Industrial Relations Act 1967, ss. 20(3) & 30(5)
Grace Yong Yee Fui & Anor v. Hock Sheng Resources Sdn Bhd
(Indra Ayub) [2025] 3 ILR 579

Employment – Dismissal – Constructive dismissal – Forced resignation – Claimant employed on fixed-term service contract – Claimant informed that he was underperforming and that he would be dismissed if he did not resign – Claimant advised to tender resignation to avoid damage to future employment prospects – Whether sequence of events pointed to resignation under duress and coercion – Whether there was documentary evidence of prior warnings, performance reviews or poor key performance indicators
(KPI) to support basis for dismissal – Whether claimant's resignation prompted by employer's threat of dismissal – Whether there was clear violation of principles of natural justice – Whether claimant accorded right to be heard before termination – Whether dismissal with just cause or excuse – Industrial Relations Act 1967, ss. 20(3) & 30(5)
Noor Azri Firdaus Noor Azman v. Orient BB Sdn Bhd
(Zalina Awang) [2025] 3 ILR 502

Employment – Dismissal – Misconduct – Employee served as Security Officer – Employee allegedly not found at security post on two separate occasions and did not wear complete uniform during duty hours despite being warned – Employee terminated for alleged misconduct – No investigation or domestic inquiry by employer – Whether employee dismissed with just cause or excuse – Industrial Relations Act 1967, s. 20(3) Muruges Supramaniam v. The Vanguards Services Sdn Bhd
(Vanithamany Sivalingam) [2025] 3 ILR 664

Employment – Dismissal – Misconduct – Violent and aggressive behaviour – Employee uttered vulgar words and attempted physical attack on superior – Employee dismissed from employment – Whether employee's conduct constituted misconduct warranting disciplinary action – Whether occurred at workplace and during working hours – Whether venue and time of relevance – Whether confrontation arose out of work-related issue – Whether dismissal with just cause or excuse – Industrial Relations Act 1967, s. 20(3)
Mohammad Huzaini Abdul Manaf v. Percetakan Mun Sun Sdn Bhd
(Paramalingam J Doraisamy) [2025] 3 ILR 641

Employment – Dismissal – Retrenchment – Redundancy – Allegation of discrimination in selection process for retrenchment – Whether employee discriminated against – Whether retrenchment exercise bona fide – Whether there was redundancy warranting retrenchment – Whether there was justification for retrenchment – Whether employee had become surplus to organisational and operational needs – Whether selection criteria fair – Whether employee failed to avail herself of job opportunities available within organisation – Whether employee entitled to retrenchment benefits – Whether employee within scope of Employment Act 1955
Lim Lai Yin v. The British Council
(Jeyaseelen T Anthony) [2025] 3 ILR 603

Employment – Dismissal – Retrenchment – Redundancy – Claimants resident engineers employed on fixed term contract of employment – Review by Government on large-scale projects resulted in significant changes to project – Project changes from project delivery partner model to turnkey or 'design and build' contract – Project's organisational chart and site supervision staff restructured – Claimants identified as redundant and retrenched – Whether there was redundancy – Whether bona fide redundancy arose – Whether there was surplus of labour due to legitimate business needs – Whether fact that job continued to exist meant that there was no genuine need for retrenchment – Industrial Relations Act 1967, s. 20
Yap Chin Wah v. Mahkamah Perusahaan Malaysia & Anor And Other Appeals
(S Nantha Balan, Azman Abdullah & Azmi Ariffin JJCA) [2025] 3 ILR 471

Trade dispute – Salary adjustment – Selective salary adjustment – Salary adjustment not based on collective agreement but based on comparative study approved by Ministry of Finance – Factors considered in handing down award – Public interest – Financial implications and effect of award on economy of country and industry concerned – Probable effect in related or similar industries – Industrial Relations Act 1967, ss. 26(2) & 30(4), (5)
Kesatuan Pekerja-pekerja Bank Pertanian Malaysia Berhad Sarawak v. Bank Pertanian Malaysia Berhad
(Mohd Taufik Mohd Yusoff) [2025] 3 ILR 523

TRADE DISPUTE

Salary adjustment – Selective salary adjustment – Salary adjustment not based on collective agreement but based on comparative study approved by Ministry of Finance – Whether valid exercise of managerial prerogative – Whether discriminatory and unfair labour practice – Whether initiative serves legitimate business purpose – Whether criteria for eligibility and method of calculation objective and applied consistently – Whether initiative violated terms of any existing collective or employment agreements – Whether would cause negative financial implications – Industrial Relations Act 1967, ss. 26(2) & 30(4), (5)
Kesatuan Pekerja-pekerja Bank Pertanian Malaysia Berhad Sarawak v. Bank Pertanian Malaysia Berhad
(Mohd Taufik Mohd Yusoff) [2025] 3 ILR 523

INDEKS PERKARA

UNDANG-UNDANG BURUH

Pekerjaan – Penamatan – Pembuangan kerja secara tidak adil – Pekerja melakukan kesalahan-kesalahan antara 2016 hingga 2019 serta 2023 – Pekerja telah dimaafkan dan dihukum untuk kesalahan-kesalahan lampau – Pekerja akhirnya dibuang kerja atas kesalahan yang dilakukan pada 2023 – Sama ada pertuduhan-pertuduhan kesalahan yang dikenakan atas pekerja adalah berhubung dengan tugasan yang termasuk dalam skop kerjanya – Prinsip 'double jeopardy' – Sama ada salah laku terdahulu mempunyai kaitan dengan pertuduhan yang dikenakan terhadap pekerja yang membawa pada pembuangan kerja – Sama ada majikan boleh merujuk salah laku lampau yang telah dihukum untuk menjustifikasi pembuangan kerja bagi salah laku baharu – Akta Perhubungan Perusahaan 1967, s. 20(3)
Azian Saad lwn. Koperasi Guru-guru Melayu Kedah Berhad
(Rusita Md Lazim) [2025] 3 ILR 554