HOW ZHENG HONG v 1. ) AIR ASIA BERHAD 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

w-01a-683-11-2024 Court of Appeal (Mahkamah Rayuan) 13 April 2026 • W-01(A)-683-11/2024 • 24 min read

6 cases cited (0 SG, 6 foreign)

Catchwords

Judicial Review – Appeal against decision of HCJ in upholding the Industrial Court’s finding that retrenchment of Appellant was justified – Whether First Respondent (employer) had proved genuine financial hardship to justify retrenchment of Appellant – Whether financial hardship of parent company of First Respondent could be attributable to First Respondent Judicial Review – Appeal against decision of HCJ in upholding the Industrial Court’s finding that retrenchment of Appellant was justified – Whether High Court Judge had erred in holding that departure from the “Last In, First Out” principle was justified – Whether First Respondent was justified in relying on “Best-Fit” rule Judicial Review – Appeal against decision of HCJ in upholding the Industrial Court’s finding that retrenchment of Appellant was justified – Whether High Court Judge had erred in holding that non-compliance with the Code of Conduct for Industrial Harmony 1975 was justified – Whether Code of Conduct for Industrial Harmony had binding force of law .

Judges (3)

Ahmad Fairuz bin Zainol Abidin Coram Azmi bin Ariffin Coram Evrol Mariette Peters Delivered

Counsel (7)

C Chong W Lam Firm Chee Hoe & Associates Firm Devyinah Ganesalingam Counsel Appellant Lai Chee Hoe Counsel Appellant Low Yen Hau Counsel Appellant Wendy Lam Mei Kuan Counsel Respondent Wong Jia Ee Counsel Respondent

Parties (3)

AIR ASIA BERHAD Respondent MAHKAMAH PERUSAHAAN MALAYSIA Respondent How Zheng Hong Appellant

Statutes Cited

Industrial Relations Act

s 20(3)

Industrial Relations Act 1967 (Cap 177)

Cases Cited (6)

UK (1)

[1897] AC 22

MY (4)

[1981] 2 MLJ 129 [2012] 5 MLJ 616 [2021] 1 CLJ 365 [2023] 5 MLJ 597

IN (1)

AIR 1960 SC 762

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (w-01a-683-11-2024)