TECHNIP GEOPRODUCTION (M) SDN BHD v AZMAN BIN ISA

aa-16a-2-02-2025 High Court (Mahkamah Tinggi) 9 December 2025 • AA-16A-2-02/2025

Catchwords

Issues for determination – whether the Industrial Court erred in concluding that an employer – employee relationship existed between the appellant and the Respondent – whether the Industrial Court erred in finding that the Respondent had been dismissed without just cause and excuse – whether the Industrial Court lack jurisdiction to hear the dispute – whether the Award was procedurally invalid because it was issued by a Chairman who did not hear the witness – the Appellant exercised substantial control over the Respondent’s employment – no formal inquiry conducted and no opportunity was given to the Respondent to defend against the allegation – whether the Industrial Court lacked jurisdiction because the Respondent was employed in the Vietnamese law – the Appellant was the true employer of the Respondent – the dispute fell within the jurisdiction of the Malaysia Industrial Court – section 20 of the Industrial Relation Act 1967 apply – whether the Award invalid because it was issued by a Chairman who had not presided over the hearing – section 22(2) and section 22(3) of the said Act – expressly empowered the President of the Industrial Court to transfer a matter from one Chairman to another and permit the succeeding Chairman to continue and complete the proceedings – no procedural irregularity Appeal dismissed – Award No. 45 of 2025 of the Industrial Court is affirmed

Judges (1)

Norsharidah binti Awang Delivered

Parties (2)

TECHNIP GEOPRODUCTION Sdn Bhd Appellant Azman bin Isa Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (aa-16a-2-02-2025)