Sorry, Out Of Time!: Leave Application For Judicial Review Was Dismissed Due To Inordinate Delay In Filing The Application & Ignorance Of The Law Is Not An Acceptable Reason

Published date29 March 2023
Subject MatterEmployment and HR, Unfair/ Wrongful Dismissal, Employment Litigation/ Tribunals
Law FirmZul Rafique & Partners
AuthorMs Teoh Alvare and Loh Qiao Wen

Teoh Alvare together with Loh Qiao Wen from Zul Rafique & Partners' Employment and Industrial Relations Practice Group successfully represented Pertubuhan Peladang Kebangsaan ("the Respondent") at the High Court in respect to the Respondent's former employee's ("the Applicant") application for an extension of time and leave application for judicial review against his dismissal by the Respondent.

BRIEF FACTS

In Yuslie Bin Mohd Yusop v Pertubuhan Peladang Kebangsaan1, by a letter dated 5.10.2018, the Respondent communicated its decision to dismissal the Applicant with effect from 5.10.2018.

The Applicant's application for judicial review was only filed on 15.10.2021, which was 3 years (36 months) later after the Respondent's decision was communicated to the Applicant.

According to Order 53 Rule 3(6) of the Rules of Court 2012 ("RoC"), an application for judicial review shall be made promptly and in any event within 3 months from the date when the grounds of application first arose or when the decision is first communicated to the Applicant.

As such, the Applicant filed an application for, inter alia, an extension of time to file his judicial review according to Order 3 Rule 5 and Order 53 Rule 3(7) of the RoC 2012 and leave application for judicial review. The reasons provided for the Applicant's inordinate delay in filing his application for judicial review are as follows:

  1. The Applicant first had filed an unfair dismissal case at the Industrial Court subsequent to his dismissal. However, the Applicant had withdrawn his case at the Industrial Court as the Industrial Court does not have the jurisdiction to hear his case since the Respondent is a government agency.
  2. After the withdrawal, the Claimant assumed that he was unable to claim compensation for his alleged unfair dismissal from the Respondent.
  3. The Applicant's alleged financial difficulties to obtain advice and services of legal practitioners due to Covid-19 pandemic and his unemployment.

HIGH COURT'S DECISION

On 9.2.2023, the High Court held that the Applicant's leave application for judicial review was made out of time and in contravention to Order 53 Rule 3(6) RoC 2012.

Wherein, the High Court held that Applicant's following conduct or the reasons put forth by the Applicant for his inordinate delay are not good reason for the High Court to allow the extension of time to file leave application for judicial review:

(a) The Applicant's own ignorance to the law that the Industrial Court was not the...

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