Chang Chuen Hwa v South Island Plastics Sdn Bhd
2 cases cited
(0 SG, 2 foreign)
Catchwords
The Claimant was appointed as a director of the Company in 1983 and, in 2000, was further appointed by the Board of Directors as the Managing Director. He held this position until 2021. On 10.5.2021, by way of a Company Resolution, the Claimant was removed as a director of the Board, and consequently, by a Notice of Removal of Director and Cessation as Managing Director of the same date, he ceased to hold the office of Managing Director. Dissatisfied with his removal as a Director and the cessation of his position as Managing Director, the Claimant lodged a representation with the Industrial Relations Department. The matter was subsequently referred to the Industrial Court for adjudication. After a full trial, the Industrial Court handed down its Award, holding inter alia that the Claimant’s dismissal was without just cause or excuse and awarding him back wages in the sum of RM552,000.00. However, the Court declined to award compensation in lieu of reinstatement on the ground that the Claimant had, by the time of the Award, surpassed the retirement age of 60 years. Dissatisfied with this part of the decision, the Claimant now appeals to this Court.
Judges (1)
Counsel (5)
Statutes Cited
Industrial Relations Act 1967 (Cap 177)
Cases Cited (2)
MY (2)
[1996] 4 CLJ 687 [2020] MLJU 211
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (pa-16a-2-01-2025)