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2016 MarsdenLR 2067

HIGH COURT MALAYA GEORGETOWN
MISC HAULAGE SERVICES SDN BHD – Appellant
Versus
MOHD ALI AWANG & ORS – Respondent


Table of Content
1. judicial review application against the industrial court's award. (Para 1 , 2 , 3 , 5)
2. summary of the dismissal process and respondents' actions. (Para 8 , 9 , 10 , 11)
3. legal principles governing the review of industrial court decisions. (Para 14 , 15 , 31)
4. final decision to quash the industrial court's finding. (Para 34)
Lim Chong Fong JC:

Introduction

[1] This is a judicial review application brought against the award made by the Industrial Court.

[2] The applicants were the employers of the 1st to 3rd respondents. The 1st to 3rd respondents' employment was dismissed by the applicants.

[3] This application is for an order of certiorari to quash the award of the Industrial Court dated 26 February 2015. Basically, the Industrial Court found that the dismissal was harsh and allowed the 1st to 3rd respondents' claim for back wages and compensation in lieu of reinstatement.

[4] The affidavits filed for purposes of this application are as follows:

(i) The applicants' affidavit in support affirmed by Ku Husni Ku Ibrahim dated 26 May 2015;

(ii) The applicants' further affidavit affirmed by Lim Sing Ghee dated 30 June 2015;

(iii) The 1st to 3rd respondents' affidavit in re

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