Legal error sees court reinstate RM95,000 awards over lorry drivers’ dismissal

Free Malaysia Today

The Court of Appeal rules the employer should have filed for a judicial review instead of an appeal.  Read More:  https://www.freemalaysiatoday.com/category/nation/2025/03/12/legal-error-sees-court-reinstate-rm95000-awards-over-lorry-drivers-dismissal/  Laporan Lanjut:  https://www.freemalaysiatoday.com/category/bahasa/tempatan/2025/03/12/majikan-silap-rayu-anugerah-rm95000-kepada-dua-pemandu-lori-dikembali/  Free Malaysia Today is an independent, bi-lingual news portal with a focus on Malaysian current affairs.    Subscribe to our channel - http://bit.ly/2Qo08ry   ------------------------------------------------------------------------------------------------------------------------------------------------------ Check us out at https://www.freemalaysiatoday.com Follow FMT on Facebook: https://bit.ly/49JJoo5 Follow FMT on Dailymotion: https://bit.ly/2WGITHM Follow FMT on X: https://bit.ly/48zARSW  Follow FMT on Instagram: https://bit.ly/48Cq76h Follow FMT on TikTok : https://bit.ly/3uKuQFp Follow FMT Berita on TikTok: https://bit.ly/48vpnQG  Follow FMT Telegram - https://bit.ly/42VyzMX Follow FMT LinkedIn - https://bit.ly/42YytEb Follow FMT Lifestyle on Instagram: https://bit.ly/42WrsUj Follow FMT on WhatsApp: https://bit.ly/49GMbxW  ------------------------------------------------------------------------------------------------------------------------------------------------------ Download FMT News App: Google Play – http://bit.ly/2YSuV46 App Store – https://apple.co/2HNH7gZ Huawei AppGallery - https://bit.ly/2D2OpNP  #FMTNews #CourtOfAppeal #Drivers #Lorry

Transcript

00:00The Court of Appeal has unanimously restored separate industrial court awards given in

00:06favour of two former lorry drivers for unlawful dismissal after allowing a preliminary objection

00:12raised on their behalf.

00:15Justice Ahmad Fairoz Zainul Abidin said the employer SG Concrete Products Sindran Bahad

00:20had erroneously filed an appeal with the High Court instead of pursuing a judicial review

00:25in both cases, and that the High Court judge had erred in allowing the appeals and setting

00:30aside the industrial court's awards.

00:33As a result, the judge said the bench which included Justices Supang Lian and Lim Chong

00:38Fong saw it unnecessary to consider the merits of the appeal.

00:43Appellants Rosli Saad and Rohlizan Rahaman had through their lawyer Ravi Niku raised

00:48a preliminary objection as to the mode by which the matter was brought before the High

00:52Court.

00:54On November 14, 2022, the industrial court awarded Rosli 56,400 Ringgit and Rohlizan

01:0138,400 Ringgit in compensation in lieu of reinstatement as they were terminated for

01:07missing work for four days in a row without reasonable excuse breaching Section 15 Sub

01:132 of the Employment Act 1955.

01:17The two drivers, then represented by different counsel, had raised a similar objection in

01:22the High Court, which was later dismissed.

01:25Ahmad Fairooz said the High Court fell into error in dismissing the objection and that

01:29the employer should have filed a judicial review instead of an appeal to the High Court

01:34to challenge the two awards.

01:36Meanwhile, the employer represented by Farah Irina Khairi-Iswan is appealing the decision

01:42to the Federal Court.

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Transcript

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