Sabah Forest Industries Sdn Bhd V Industrial Court Malaysia Anor
In the law of redundancy it is important to note that it is the services of the employee which must be made redundanct and not his position or title ò.
Sabah forest industries sdn bhd v industrial court malaysia anor. Second whether the decision of the court of appeal reversing the interlocutory decision of the high court case of terengganu forest products sdn bhd v cosco container lines anor 2007 5 mlj 486 terengganu forest products and ordering the case to proceed to full trial was binding upon the high court. Bayer m sdn bhd v ng hong pau 1999 4 mlj 361. In the court of appeal s case of sabah forest industries sdn bhd v industrial court malaysia anor 2013 2 mlj 410 procedural impropriety became a ground for judicial review when the industrial court or public decision maker failed to observe the principles of natural justice on top of failing to observe procedural rules that are expressly laid down in the statute from which it derives.
This article discusses the powers of the industrial court to award compensation in lieu of reinstatement to an employee who has passed the compulsory retirement age. Corporate and business law 201601 31 where the company has been set up to perpetrate a fraud or to avoid a legal obligation aspatra sdn. Sabah commercial banks.
However it should also be noted that a contract is not frustrated by reason of it having become too difficult to perform or difficult to interpret pacific forest industries sdn bhd v lin wen chih 2009 6 mlj 293. Jaspal singh 1987 2 ilr 558 the industrial court observed that. Aluminium company of malaysia bhd.
Bank bumiputra malaysia bhd. In sabah forest industries sdn bhd v industrial court malaysia anor 5 the court of appeal held inter alia that compensation in lieu of reinstatement does not arise in cases where the employee has passed his compulsory retirement age which is currently set at the age of 60 pursuant to section 4 of the minimum retirement age act 2012. Case of sabah banking employees uni on v.
The discussion is based on the recent federal court decision in unilever m holdings sdn bhd v. Products sdn bhd dan 1. National union of.
Unhappy with the interpretation attained the matter was taken up in judicial review before the high court. The court must find it practically unjust to enforce the original promise or contractual obligation. So lai anor which had affirmed the court of appeal s decision in sabah forest industries sdn bhd v.
In r ramachandran v. 1988 1 mlj 97 the supreme court held that the court could generally lift the corporate veil in order to do justice particularly where an element of fraud is involved. Judgments of datuk syed kechik bin syed mohamed anor v the board of trustees of the sabah foundation ors and another.
V industrial court malaysia anor 2014 to further substantiate his view. Cosco container lines co.
