Lee Ee Chai v Kansai Paint Asia Pacific Sdn Bhd

w-04a-423-09-2024 Court of Appeal (Mahkamah Rayuan) 12 March 2026 • W-04(A)-423-09/2024 • 10 min read

Catchwords

Employment law – Appeal from High Court – High Court allowed the Respondent-Company’s appeal and set aside the award of the Industrial Court – Employee charged with "stealing or taking company property without permission" – Whether charge against the employee was vague and ambiguous. Employment law – Appeal from High Court – High Court allowed the Respondent-Company’s appeal and set aside the award of the Industrial Court – Employee charged with "stealing or taking company property without permission" - Whether High Court Judge had erred in finding that the Industrial Court imposed an unduly onerous burden on the Respondent Employment law – Appeal from High Court – High Court allowed the Respondent-Company’s appeal and set aside the award of the Industrial Court – Employee charged with "stealing or taking company property without permission" - Whether in absence of dishonesty, the dismissal of the employee was justified.

Judges (3)

Ahmad Fairuz bin Zainol Abidin Coram Azizul Azmi bin Adnan Coram Evrol Mariette Peters Delivered

Counsel (7)

Chee Whei, Lee & Co Firm Josephine LK Chow & Co Firm Edward Saw Keat Leong Counsel Respondent Jerry Low Kok Kiang Counsel Respondent Ng Chen Hong Counsel Appellant Thong Chee Whei Counsel Appellant Thong Seng Khong Counsel Appellant

Parties (2)

Kansai Paint Asia Pacific Sdn Bhd Respondent Lee Ee Chai Appellant

Statutes Cited

Industrial Relations Act 1967 (Cap 177)

Penal Code (Cap 574)

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (w-04a-423-09-2024)