DATO SHAHABUDIN SHAFIE & ANOR vs MIHAT SHAARI

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 MarsdenLR 3011

HIGH COURT MALAYA ALOR SETAR
DATO SHAHABUDIN SHAFIE & ANOR – Appellant
Versus
MIHAT SHAARI – Respondent

Table of Content
1. plaintiff's employment status and dismissal grounds. (Para 1 , 2 , 4)
2. court's determination on statutory body classification. (Para 3 , 11 , 13)
3. details on employment and dismissal. (Para 5)
4. arguments about non-compliance with disciplinary procedures. (Para 8 , 9 , 10)
5. relevant regulations and authority regarding disciplinaries. (Para 14 , 15)

[1] The plaintiff in this case was previously employed by the 2nd defendant as its Chief Operations Officer.

[2] The 1st defendant is the Chief Executive Officer of the 2nd defendant who issued the plaintiff's dismissal letter.

[3] The 2nd defendant was incorporated under the Menteri Besar Kedah Darulaman (Incorporation) Enactment, Enactment No 5 of 1988. Section 3 of the Enactment states:-

Incorporation of Menteri Besar.

(1) The Officer for the time being discharging the duties of Menteri Besar, Kedah Darulaman, and his successors in office, shall be a body corporate under the name of 'Menteri Besar, Kedah Darulaman' (hereinafter called 'the Corporation').

[4] The plaintiff was dismissed on the 20th February 2013 on disciplinary grounds. He contends that his dismissal was unlawful and therefore by this writ action seek

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2017 MarsdenLR 3011

HIGH COURT MALAYA ALOR SETARDATO SHAHABUDIN SHAFIE & ANOR – AppellantVersusMIHAT SHAARI – Respondent

HIGH COURT MALAYA ALOR SETAR
DATO SHAHABUDIN SHAFIE & ANOR – Appellant
Versus
MIHAT SHAARI – Respondent