Court Of Appeal Upheld High Court's Decision To Quash Industrial Court Award Of RM905,511.32 To A Resident Consultant Anaesthetist

• Published date: 29 September 2021
• Subject Matter: Employment and HR, Litigation, Mediation & Arbitration, Unfair/ Wrongful Dismissal, Trials & Appeals & Compensation
• Law Firm: SKRINE
• Author: Mr Leong Wai Hong and Quek Jian Long

"...where the facts do not support the conclusion arrived at by the Industrial Court or the findings of the Industrial Court are arrived at by taking into consideration irrelevant matters, such findings are always amenable to judicial review."

Per Hashim Hamzah J

Quek Jian Long provides a commentary on a recent decision by the Court of Appeal on 15 July 2021 in Thomas Jothinayagam Harris v The Perak Chinese Maternity Association & Anor. Leong Wai Hong, Witter Yee, Quek Jian Long and Tommy Lim Ka Hui successfully represented The Perak Chinese Maternity Association.

The Industrial Court had held that the anaesthetist was a workman/ employee. This award was quashed by the Ipoh High Court ([2021] 7 MLJ 726) on the ground that he was not a workman/ employee. The appeal by the anaesthetist was dismissed by the Court of Appeal.

Key points

1. Hashim Hamzah J applied the Federal Court's decision in Ranjit Kaur a/p S Gopal Singh v Hotel Excelsior (M) Sdn Bhd [2010] 6 MLJ 1: -
   "...Historically, judicial review was only concerned with the...