Tan Wei Ching v DA TONG SHI JE SUPPLIES & SERVICES SDN BHD

a-01a-674-11-2019 Court of Appeal (Mahkamah Rayuan) 25 August 2021 • A-01(A)-674-11/2019

Catchwords

Two related appeals-whether the Minister has correctly exercised his discretion under subsection 20(3) of the IRA 1967 to refer the Claimant’s representation for adjudication in the Industrial Court-appealS allowed-learned Judicial Commissioner has made a finding that the Minister has erred in his finding that the Claimant is a workman, when the same should have been decided by the Industrial Court- the learned Judicial Commissioner seemed to have contradicted himself when he held that the Minister had decided that the Claimant is a workman, and yet at the same time said that the Minister ought to refer the matter to the Industrial Court for decision.

Practice Areas

Two related appeals-whether the Minister has correctly exercised his discretion under subsection 20(3) of the IRA 1967 to refer the Claimant’s representation for adjudication in the Industrial Court-appealS allowed-learned Judicial Commissioner has made a finding that the Minister has erred in his finding that the Claimant is a workman, when the same should have been decided by the Industrial Court- the learned Judicial Commissioner seemed to have contradicted himself when he held that the Minister had decided that the Claimant is a workman, and yet at the same time said that the Minister ought to refer the matter to the Industrial Court for decision.

Judges (3)

Azizah binti Haji Nawawi Coram Hanipah binti Farikullah Delivered Lee Swee Seng Coram

Parties (2)

DA TONG SHI JE SUPPLIES & SERVICES Sdn Bhd Respondent Tan Wei Ching Appellant

Case Significance

Tan Wei Ching v DA TONG SHI JE SUPPLIES & SERVICES SDN BHD is a Court of Appeal (Mahkamah Rayuan) decision dated August 25, 2021 (citation: a-01a-674-11-2019). The panel comprised Azizah binti Haji Nawawi, Hanipah binti Farikullah and Lee Swee Seng, with Hanipah binti Farikullah delivering the judgment.

What was the outcome of Tan Wei Ching v DA TONG SHI JE SUPPLIES & SERVICES SDN BHD?

Tan Wei Ching v DA TONG SHI JE SUPPLIES & SERVICES SDN BHD is a Court of Appeal decision dated August 25, 2021. The case was heard by Azizah binti Haji Nawawi. See the full judgment for details.