MMC ENGINEERING GROUP BERHAD v MD GHAZALI BIN ALI
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Case Significance
MMC ENGINEERING GROUP BERHAD v MD GHAZALI BIN ALI is a Court of Appeal (Mahkamah Rayuan) decision dated September 28, 2025 (citation: j-01a-68-01-2024). <p>MMC Engineering Group Berhad appealed against the High Court's decision to quash an Industrial Court award that had dismissed an employee's unfair dismissal claim. The respondent, a General Manager seconded to the Langat Sewerage Project, was dismissed for issuing a 'Commitment Declaration' document to staff. The Court of Appeal unanimously dismissed the appeal, finding the dismissal was disproportionate for what amounted to an error of judgment in good faith, not misconduct.</p> The panel comprised Azmi bin Ariffin, Mohd Firuz bin Jaffril and Ong Chee Kwan, with Azmi bin Ariffin delivering the judgment. Counsel appearing: Hua Zhi Loon (counsel for appellant), Izzat bin Muhtar (counsel for respondent), Reena Enbasegaram (counsel for appellant), Sivabalah Nadarajah (counsel for appellant), Zaimil Hasra binti Zainal (counsel for respondent).
Key issues: Judicial Review - Dismissal was wrongful, unlawful and legally invalid - Premature Dismissal - no appealable error - Commitment Document - acted bona fide – not amount to misconduct.
Summary
MMC Engineering Group Berhad appealed against the High Court's decision to quash an Industrial Court award that had dismissed an employee's unfair dismissal claim. The respondent, a General Manager seconded to the Langat Sewerage Project, was dismissed for issuing a 'Commitment Declaration' document to staff. The Court of Appeal unanimously dismissed the appeal, finding the dismissal was disproportionate for what amounted to an error of judgment in good faith, not misconduct.
What was the outcome of MMC ENGINEERING GROUP BERHAD v MD GHAZALI BIN ALI?
<p>MMC Engineering Group Berhad appealed against the High Court's decision to quash an Industrial Court award that had dismissed an employee's unfair ...