1. ) SYAIFUL RIZAL ABDUL GHANI 2. ) MOHD MUKHTI ABD RAHMAN 3. ) MOHAMAD GHAZALI BIN ZAINAL ABIDIN 4. ) KHAIRUL NA'IM BIN ARIPAN @ ARIFIN 5. ) MUHAMAD JOHARY BIN ABDUL JALIL v 1. ) YAYASAN BANK RAKYAT 2. ) BANK KERJASAMA RAKYAT MALAYSIA BERHAD

wa-23ncvc-37-06-2025 High Court (Mahkamah Tinggi) 29 December 2025 • WA-23NCvC-37-06/2025 • 20 min read
6 cases cited (0 SG, 6 foreign)

Catchwords

Whether employees may challenge the formation of an executive committee to take-over control of their employer which is a charitable foundation – Termination of Plaintiffs’ employment by new executive committee – Employees seeking declarations as well as compensation – Whether the Plaintiffs may file claim at a civil court instead of at the Industrial Court – Whether prayers for declarations of tort of conspiracy are obviously unsustainable – Whether claim should have been pursued at the Industrial Court – Whether s.52(1) of the Industrial Relations Act 1967 is applicable to a charitable foundation which is a separate legal entity from its founder – Allegations of conspiracy pleaded but the alleged conspirators were not named as co-defendants – Whether pleas of tort of conspiracy to injure wholly unfounded – Abuse of process of court – Whether Plaintiffs’ claim ought to be struck out under O.18 r.19 Rules of Court 2012

Judges (1)

Gan Techiong Delivered

Counsel (5)

Amelda & Partners Firm Shearn Delamore & Co. Firm Abu Haziq bin Abu Talib Counsel Plaintiff Adam Thye Yong Wei Counsel Defendant Amelda Bt Md Din Counsel Plaintiff

Parties (7)

BANK KERJASAMA RAKYAT MALAYSIA BERHAD Defendant YAYASAN BANK RAKYAT Defendant Khairul Na'im bin Aripan @ Arifin Plaintiff Mohamad Ghazali bin Zainal Abidin Plaintiff Mohd Mukhti Abd Rahman Plaintiff Muhamad Johary bin Abdul Jalil Plaintiff Syaiful Rizal Abdul Ghani Plaintiff

Statutes Cited

Industrial Relations Act 1967 (Cap 177)
Rules of Court 2012

Cases Cited (6)

UK (2)
[1991] 3 All ER 30 [1991] 3 All ER 303
MY (4)
[1981] 1 MLJ 238 [1993] 3 MLJ 36 [2011] 6 MLJ 70 [2023] 3 MLJ 469

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-23ncvc-37-06-2025)