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2025 MarsdenLR 5139

COURT OF APPEAL PUTRAJAYA
YAP CHIN WAH – Appellant
Versus
MAHKAMAH PERUSAHAAN MALAYSIA & ANOR AND OTHER APPEALS – Respondent


Petitioner Advocates:Muhammad Amir Sharipuddin,Muhamad Nur Aiman Toharudin ,Respondent Advocate: Thavalingam C Thavarajah,Aida Yasmin Cheree Mohamad

JUDGMENT

Azmi Ariffin JCA:

Introduction

[1] There are four (4) appeals before us, namely:

(a) Court of Appeal Civil Appeal No W-01(A)-603-11/2023

Yap Chin Wah v. Mahkamah Perusahaan Malaysia & Another;

(b) Court of Appeal Civil Appeal No W-01(A)-604-11/2023

Lee Khurn Ying v. Mahkamah Perusahaan Malaysia & Another;

(c) Court of Appeal Civil Appeal No W-01(A)-607-11/2023

Mohamad Nazly Bin Nasir Mohamad v. Mahkamah Perusahaan Malaysia & Another; and

(d) Court of Appeal Civil Appeal No W-01(A)-608-11/2023

Chairil Bahari Bin Ibrahim v. MMSB Consult Sdn Bhd & Another.

[2] The Appellants in each appeal were employed as resident engineers on a "fixed-term" contract of employment by MMSB Consult Sdn Bhd. The Appellants were retrenched from employment. They disputed the retrenchment and filed complaints with the Director General of Industrial Relations ("DGIR") under s 20 of the Industrial Relations Act 1967, claiming that they had been dismissed, without just cause or excuse. There was no resolution or amicable settlement of the disputes before the DGIR.

[3] As such, the complaints were referred to the Industrial Court for adjudication. In the proceedings before the Industrial Court , the App

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