AHMAD ZAHRI BIN MIRZA ABDUL HAMID (Singapore ID.: S73102254A) v AIMS CYBERJAYA SDN BHD (No. Syarikat: 794695-X)

02f-11-02-2019w Federal Court (Mahkamah Persekutuan) 27 November 2019 • 02(f)-11-02/2019(W)

Catchwords

Employment Law - Expatriate - Dismissal from employment - without just cause or excuse - dismissal protection - “single economic unit” or “functional integrity” test in ascertaining the continuity of employment Company Law - lift of corporate veil - whether veil should be lifted to determine the nature of employment when there were no apparent special circumstances such as fraud or unconscionable act by employer - court to strike balance between piercing corporate veil in exceptional circumstances and legitimate entitlements of wrongfully dismissed employees - fairness, equality and proportionality in treatment of vulnerable employees - Hotel Jaya Puri Bhd v National Union of Hotel Bar and Restaurant Workers [1980] 1 MLJ 109 case is still a good law for industrial jurisprudence Contract Law - Fixed term contract or permanent contract of employment - whether a need for a work permit is material to determine the genuine nature of contract - whether successive automatic renewal of contract of employment without intermittent breaks in between is a permanent employment - determination through employer’s subsequent conduct during the course employment and total duration of service

Practice Areas

Employment & Industrial Relations

Judges (5)

Abdul Rahman bin Sebli Coram Idrus bin Harun Coram Mohd Zawawi bin Salleh Coram Nallini Pathmanathan Coram Tengku Maimun binti Tuan Mat Delivered

Parties (2)

AIMS CYBERJAYA Sdn Bhd Respondent Ahmad Zahri bin Mirza Abdul Hamid Appellant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (02f-11-02-2019w)