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2016 MarsdenLR 2620

HIGH COURT MALAYA KUALA LUMPUR
SAW KONG BENG – Appellant
Versus
MAHKAMAH PERUSAHAAN MALAYSIA & ANOR – Respondent


Table of Content
1. application for judicial review regarding unjust dismissal. (Para 1 , 8 , 20)
2. arguments presented by both the applicant and respondent. (Para 22 , 36)
3. observe principles governing judicial review and redundancy. (Para 45 , 46)
4. determination of procedural adherence in termination. (Para 47 , 80)
Collin Lawrence Sequerah JC:

A) Introduction

[1] This the Applicant's application for judicial review to review the Award dated 21 May 2015 ("the Award") handed down by the 1st Respondent which held that the 2nd Respondent had dismissed the Applicant with just cause and excuse.

[2] By way of this application, the Applicant seeks inter alia the following orders:-

(a) An order of Certiorari to quash the award of the 1st Respondent dated 21 May 2015 which dismissed the Applicant's claim for unjust dismissal under Case No 18(10)(18)/4-692/12;

(b) A declaration that the Applicant was dismissed without just cause or excuse and the Applicant be reinstated to his former position in the 2nd Respondent without loss of seniority with full benefits and privileges or compensation in lieu of reinstatement;

(c) In the alternative to (ii) above, an order of Mandamus to remit the Applicant'

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