Industrial Relations
4 cases · November 2024 to December 2025
Case Volume by Year
2 24
2 25
2024–2025
Key Issues & Sub-Topics
S 33C Industrial Relations Act 1967 — dismissal of Managing Director — alleged redundancy and restructuring — requirement of concrete proof of genuine redundancy — influence of incoming shareholder (MMC) — recorded conversation — findings of fact of Industrial Court — whether plainly wrong — backwages and compensation in lieu of reinstatement — appeal dismissed 1 Dismissal — Misconduct — Sale of used tyres to blacklisted workshop — Internal email dated 22 February 2021 prohibiting dealings for repair and maintenance only — No clear, specific and unequivocal instruction prohibiting sale of used tyres — Whether misconduct established — Industrial Court erred in law and fact by extending scope of instruction — No evidence of personal gain or dishonesty — Failure to distinguish negligence from misconduct — Proportionality of punishment — Appellant with 34 years’ unblemished service — Dismissal disproportionate — Award set aside — Matter remitted to Industrial Court for assessment of compensation 1 Wrongful Dismissal — Mode to challenge Industrial Court award — Whether by way of a Judicial Review or appeal to the High Court — Section 20(2), section 20(3) Industrial Relations Act 1967 — Section 33C, Section 35 Industrial Relations (Amendment) Act 2020 [Act A1615] 1 Wrongful Dismissal — Mode to challenge Industrial Court award Whether by way of a Judicial Review or appeal to the High Court — Section 20(2), section 20(3) Industrial Relations Act 1967 — Section 33C, Section 35 Industrial Relations (Amendment) Act 2020 [Act A1615] . 1
Dismissal — Misconduct — Sale of used tyres to blacklisted workshop — Internal email dated 22 February 2021 prohibiting dealings for repair and maintenance only — No clear, specific and unequivocal instruction prohibiting sale of used tyres — Whether misconduct established — Industrial Court erred in law and fact by extending scope of instruction — No evidence of personal gain or dishonesty — Failure to distinguish negligence from misconduct — Proportionality of punishment — Appellant with 34 years’ unblemished service — Dismissal disproportionate — Award set aside — Matter remitted to Industrial Court for assessment of compensation 1 case
Wrongful Dismissal — Mode to challenge Industrial Court award — Whether by way of a Judicial Review or appeal to the High Court — Section 20(2), section 20(3) Industrial Relations Act 1967 — Section 33C, Section 35 Industrial Relations (Amendment) Act 2020 [Act A1615] 1 case
Wrongful Dismissal — Mode to challenge Industrial Court award Whether by way of a Judicial Review or appeal to the High Court — Section 20(2), section 20(3) Industrial Relations Act 1967 — Section 33C, Section 35 Industrial Relations (Amendment) Act 2020 [Act A1615] . 1 case
Key Statutes
Industrial Relations Act 1967
cited in 3 cases Employment Act 1955 (Cap 265)
cited in 2 cases Rules of Court 2012
cited in 2 cases Court Distribution
Key People & Firms
Top Judges
Cases
ja-16a-1-07-2024
Red Sea Housing Malaysia Sdn. Bhd. v Chew Soon Beng
9 December 2025
MYHC
aa-16-18-11-2024
POH KWEI WAH v DINDINGS POULTRY DEVELOPMENT CENTRE SDN. BHD
15 July 2025
MYHC
p-04w-259-06-2023
ROSLI BIN SAAD v S.G. CONCRETE PRODUCTS (M) SDN BHD
5 November 2024
MYCOA
p-04w-260-06-2023
ROHLIZAN BIN ABD RAHAMAN v S.G. CONCRETE PRODUCTS (M) SDN BHD
5 November 2024
MYCOA