SAPURA BINTI MOHD NOH v 1. ) SENTOSA MEDICAL CENTRE SDN. BHD. 2. ) KPJ HEALTHCARE BERHAD

wa-12bncvc-59-06-2025 High Court (Mahkamah Tinggi) 8 December 2025 • WA-12BNCvC-59-06/2025 • 22 min read
9 cases cited (0 SG, 9 foreign)

Catchwords

Covid-19 Pandemic – Mandatory Vaccination Policy introduced by the Respondents which operate hospitals – Appellant was a pharmacist employed by the 1st Respondent – Appellant refused to be vaccinated – Respondents proposed to place the Appellant on No Pay Leave until vaccination or endemic stage of Covid-19, whichever earlier – Appellant acted in defiance of Respondents’ instructions by entering hospital premises – Notice of suspension with full pay issued to the Appellant – Whether the Respondents’ vaccination policy violated the Appellant’s constitutional rights – Causes of action based on violation of constitutional rights could arise only if the violating party is the Legislature or the Executive or its agencies – The Respondents have no statutory authority and wields no statutory powers – No actionable violation of constitutional rights – Appellant’s cause of action based on employment contract – Allegation of constructive dismissal to be pursued at Industrial Court – The Respondents’ mandatory vaccination policy during the Covid-19 pandemic was reasonable and justified – Respondents had duty to protect their patients suffering comorbidities from unvaccinated hospital staff – No appealable error in decision of Sessions Court

Judges (1)

Gan Techiong Delivered

Counsel (5)

Lee Hishammuddin Allen & Gledhill Firm SP Chanra Firm Amardeep Singh Toor Counsel Respondent Chanravathane S. Ponnudurai Counsel Appellant Roseveen Kaur Tyndall Counsel Respondent

Parties (3)

KPJ HEALTHCARE BERHAD Respondent Sentosa Medical Centre Sdn Bhd Respondent Sapura binti Mohd Noh Appellant

Statutes Cited

Contracts Act 1950 (Cap 136)
Federal Constitution
Industrial Relations Act 1967 (Cap 177)

Cases Cited (9)

MY (9)
[1981] 1 MLJ 238 [2001] 3 CLJ 1 [2001] 3 MLJ 502 [2005] 2 CLJ 713 [2005] 3 MLJ 681 [2014] 5 MLJ 318 [2015] 2 CLJ 510 [2022] 1 CLJ 956 [2023] 3 MLJ 469

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-12bncvc-59-06-2025)