Legal Updates - June 2015

Cases

Administrative Law

Kempas Edible Oil Sdn Bhd v Prabdhial Singh a/l Dardara Singh [2015] 3 AMR 529; [2015] 1 LNS* 241 (CA)

High Court judge erred in allowing application for judicial review to issue writ of certiorari to quash award in favour of employer

• In examining procedural aspect of decision-making process adopted by employer in arriving at decision to terminate employee, High Court judge had departed from established principles of law as laid down in Wong Yuen Hock v Syarikat Hong Leong Assurance Sdn Bhd and another appeal and Dreamland Corporation (M) Sdn Bhd v Choong Chin Sooi
• Approach taken by Industrial Court consistent with exercise of its function as prescribed by Industrial Relations Act 1967 in having to determine for itself whether employer had established valid reason for employee's dismissal