Case Update: Industrial Court Cannot Toss Aside Workman's Claim Without Hearing Solely Because Absence Of Reinstatement Remedy

• Published date: 19 June 2023
• Subject Matter: Employment and HR, Employment Litigation/ Tribunals, Employee Rights/ Labour Relations
• Law Firm: Zul Rafique & Partners
• Author: Zul Rafique & Partners

EMPLOYMENT LAW

Independent Agent – Statement of Case – Abandonment of Reinstatement Remedy – Industrial Court – Jurisdiction

Ace Holdings Bhd v Norahayu Bt. Rahmad & Anor

Civil Appeal No. W-01(A)-83-02/2022|Court of Appeal

- see the grounds of judgment here

Facts Norahayu Bt. Rahmad (the '1^st Respondent') claimed that she had been appointed in 2018 by Ace Holdings Bhd. (the 'Appellant') to be the Appellant's Vice President. The Appellant however claimed that the 1^st Respondent was not its employee but was instead an 'independent agent' who had agreed to refer 'high net worth' individuals to invest in its products and services in return for commission. In 2019, the Appellant terminated the 1^st Respondent's appointment. Subsequently, the 1^st Respondent filed a civil suit at the Kuala Lumpur High Court claiming for 'renewal commission fees'. The 1^st Respondent then made a written representation to the Director General for Industrial Relations ('DG')...