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2011 MarsdenLR 3911
HIGH COURT MALAYA KUALA LUMPUR
SUBANG JAYA MEDICAL CENTRE SDN BHD – Appellant
Versus
MENTERI SUMBER MANUSIA & ORS – Respondent
[Judicial Review No: R1-25-30-2007]
The Minister acted within his jurisdiction under the Industrial Relations Act 1967 when referring the representation for reinstatement to the Industrial Court, as determining workman status is a mixed question of law and fact for that court to decide.
Headnote:(A) Industrial Relations Act 1967 - Section 20 - Judicial Review - The applicant sought to quash the Minister's decision referring a representation for reinstatement to the Industrial Court, alleging excess jurisdiction and procedural errors - The court found that the Minister did not err in referring the matter, as the Industrial Court is the proper forum for determining the employment status of the parties involved. (Paras 1, 6, 43)
(B) The applicant's argument focused on various jurisdictional issues regarding the workman status and the Minister's discretion - The court ruled that the Minister considered the relevant factors and did not misdirect himself in law. (Paras 10, 24, 43)
(C) The court emphasized that the determination of workman status is a mixed question of law and fact, properly within the Industrial Court's jurisdiction. (Paras 20, 43)
Facts of the case:
The applicant contested the Minister's referral of a representation for reinstatement of the 3rd respondent, asserting that no employer-employee relationship existed and that such a referral exceeded the Minister's jurisdiction.
Findings of Court:
The court upheld that the Minister acted within his jurisdiction under Section 20 of the IRA, and that the proper forum for determining workman status is the Industrial Court.
Issues: The main issues involved whether the Minister failed to consider jurisdictional facts and whether he improperly referred the matter to the Industrial Court.
Ratio Decidendi: The court ruled that the Minister did not exceed his jurisdiction in the referral process, emphasizing the importance of determining employment status within the appropriate legal framework.
Result: The application for certiorari was dismissed.
| Table of Content |
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| 1. appeal details and background. (Para 1) |
[1] This is an appeal of the appellant/applicant, Subang Jaya Medical Centre Sdn Bhd ("the appellant") against the decision of this court made on 21 December 2009 (i) dismissing the applicants application for an order of certiorari to quash the decision of the Industrial court that allowed the reference of the 1st respondent, the Honourable Minister of Human Resources ("the Minister/the 1st respondent") for reinstatement of the 3rd respondent, Dr David Vanniasingham Ramanathan, with costs to be taxed unless otherwise agreed and; (ii) the further order wherein the court ordered that there be an assessment of damages from 2 October 2007 and upon assessment by the registrar to be paid by the applicant to the 3rd respondent as per the applicants undertaking as to damages on 2 October 2007 when the court allowed the applicants application that the reference dated 29 December 2006 made by the Minister and all steps, proceedings and/or further application to enforce the said reference before the Industrial court of Malaysia be stayed until the substantive application for judicial review is heard and finally determined.
