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2016 MarsdenLR 145

FEDERAL COURT PUTRAJAYA
MOHD RIDZWAN ABDUL RAZAK – Appellant
Versus
ASMAH HJ MOHD NOR – Respondent


Petitioner Advocates:Fahri Azzat,Aisya Abdul Rahman,Rafeeza Hamdan ,Respondent Advocate: M David Morais,Leong Phaik Leng,Karyn Khoo,Tan Shang Neng

Judgement Key Points

What is the validity of a civil cause of action for sexual harassment under Malaysian law prior to the Employment (Amendment) Act 2012?

What is the correct basis (tort) for a sexual harassment claim and whether corroboration is required in Malaysian civil cases?

What damages and pleading requirements are appropriate when recognizing the tort of sexual harassment in Malaysia?


Table of Content
1. introduction to the case facts surrounding the complaint of sexual harassment. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9)
2. details of the judicial findings and the procedural history of the case. (Para 10 , 11 , 12)
3. appellant's arguments against the existence of a tort for sexual harassment. (Para 16 , 17 , 19 , 20 , 21)
4. respondent's counter-arguments acknowledging the reality of harassment. (Para 22 , 23 , 24)
5. court's observations on establishing the tort of sexual harassment based on provided evidence. (Para 39 , 60 , 61)
6. adjudication on the injury and tort of sexual harassment recognized by the court. (Para 78 , 79)
7. final orders and decisions by the court dismissing the appellant's appeal. (Para 82 , 83)
Suriyadi Halim Omar FCJ:

[1] The appellant and the respondent were employees of Lembaga Tabung Haji ("the company"). The appellant was the General Manager of the Risk Management Department whilst the respondent held the position of Senior Manager in that department. The respondent being the subordinate of the appellant reported directly to him.

[2] On 29 July 2009, the respondent lodged a complaint ("the complaint") to the Chief Executive Officer of the

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