SUNWAY UNIVERSITY COLLEGE vs MAHKAMAH PERUSAHAAN MALAYSIA & ANOR

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 MarsdenLR 1521

COURT OF APPEAL PUTRAJAYA
SUNWAY UNIVERSITY COLLEGE – Appellant
Versus
MAHKAMAH PERUSAHAAN MALAYSIA & ANOR – Respondent

Petitioner Advocates:Steve Thiru,Vilasini Menon,David Mathew ,Respondent Advocate: Remi Pereira,Diana Dawson

Table of Content
1. judicial review precedes industrial court's findings. (Para 1 , 2)
2. claimant's actions established as insubordination. (Para 3 , 4 , 5 , 12 , 13)
3. high court's ruling reversed industrial court. (Para 14 , 18 , 19)
4. appellant's legal arguments against the high court's reversal of the industrial court's decision. (Para 20)
5. issues on appeal centered on judicial review framework. (Para 21 , 22 , 25 , 27)
6. respect for tribunal findings unless illegality shown. (Para 29 , 30 , 31 , 35)

[1] This was an appeal by Sunway University College ("the company") against the decision of the High Court in allowing the respondent's ("the claimant") judicial review application to quash the decision of the Industrial Court and in remitting the matter to the Industrial Court to decide on the appropriate reliefs.

[2] For the reasons that follow, we had unanimously allowed the appeal.

Background Facts

[3] The claimant was employed by the company as a lecturer on 1 June 1995. On 1 July 2001, the claimant was promoted to the post of a senior lecturer.

[4] The claimant alleged that she was constructively dismissed by the company on 19 December 2007, following the company's decision to dow

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2019 MarsdenLR 1521

COURT OF APPEAL PUTRAJAYASUNWAY UNIVERSITY COLLEGE – AppellantVersusMAHKAMAH PERUSAHAAN MALAYSIA & ANOR – Respondent

Cases Referred (3)

COURT OF APPEAL PUTRAJAYA
SUNWAY UNIVERSITY COLLEGE – Appellant
Versus
MAHKAMAH PERUSAHAAN MALAYSIA & ANOR – Respondent