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FEDERAL COURT PUTRAJAYA
NORIZAN BAKAR – Appellant
Versus
PANZANA ENTERPRISE SDN BHD – Respondent
| Table of Content |
|---|
| 1. dismissal from employment by appellant. (Para 1 , 3 , 4 , 5) |
| 2. jurisdiction of industrial court on dismissal. (Para 2 , 8 , 9 , 10 , 11) |
| 3. observations on procedural fairness and reasonableness. (Para 6 , 12 , 20 , 22 , 23) |
| 4. judicial review principles (Para 7) |
| 5. ratio for not interfering with employer’s decision. (Para 14 , 26 , 35) |
| 6. court's conclusion on the appeal's dismissal. (Para 36) |
| 7. industrial court's jurisdiction and standards (Para 40) |
| 8. final ruling on dismissal fairness (Para 42) |
[1] This is an appeal by the appellant against the decision of the Court of Appeal given on 10 February 2012 in allowing the respondent's appeal against the decision of the High Court. The High Court had earlier on 31 March 2009 dismissed the respondent's application for judicial review to quash the Industrial 's Award No 154 of 2006 dated 5 January 2006.
[2] On 22 October 2012, the Federal Court granted the appellant leave to appeal on the following questions of law, namely:
2.1 Whether the Industrial Court has the jurisdiction to decide that the dismissal of the appellant was without just cause or excuse by using the doctrine of proportionality of punishment and/or that the
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