CHANG CHUEN HWA vs SOUTH ISLAND PLASTIC SDN BHD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 MarsdenLR 3658

INDUSTRIAL COURT PENANG
CHANG CHUEN HWA – Appellant
Versus
SOUTH ISLAND PLASTIC SDN BHD – Respondent

Petitioner Advocates:Lee Kar Kheng,Nurul Hidayah Harun ,Respondent Advocate: Leow Tat Fah,Leow Min Shiuan

Table of Content
1. court's jurisdiction based on director-general's reference. (Para 1 , 2)
2. background facts of the claimant and company's positions. (Para 3)
3. disputed employment status of claimant. (Para 4 , 5)
4. nature of employment relationships and definitions under the act. (Para 6 , 10 , 12)
5. court's reasoning on implied contracts and employee status. (Para 8 , 14 , 41)
6. separation of roles as employee and director. (Para 24 , 25)
7. final order regarding compensation for unfair dismissal. (Para 62 , 64)

Jeyaseelen T Anthony:

Reference

[1] This is a reference made on 21 March 2022 by the Director-General of Industrial Relations Department to the Industrial Court of Malaysia under s 20(3) of the Industrial Relations Act 1967 ('the Act') arising out of the dismissal of Chang Chuen Hwa (hereinafter referred to as 'the Claimant') by South Island Plastics Sdn Bhd (hereinafter referred to as 'the Company'). The Director-General's reference in this case before the Court requires the Court to hear and determine the Claimant's complaint of dismissal by the Company on 10 May 2021.

Brief Background Facts Of The Case

[2] The Claimant's pleaded case as contained in his Statement of Case

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2025 MarsdenLR 3658

INDUSTRIAL COURT PENANGCHANG CHUEN HWA – AppellantVersusSOUTH ISLAND PLASTIC SDN BHD – Respondent

Cases Referred (5)

INDUSTRIAL COURT PENANG
CHANG CHUEN HWA – Appellant
Versus
SOUTH ISLAND PLASTIC SDN BHD – Respondent