MUHAMMAD SHABIR BIN ABD KADIR v PETROLIAM NASIONAL BERHAD
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ABSTRACT The Appellant, a former employee dismissed for habitual late attendance, brought civil tort claims alleging attempted murder through workplace poisoning, systematic oppression, and prolonged illness. His appeal is dismissed since: (1) allegations were wholly unsubstantiated; (2) the Appellant's own documents contradicted his claims, including his admission of attendance violations; (3) the dispute was essentially a wrongful dismissal claim falling within exclusive Industrial Court jurisdiction; and (4) the attempt to reframe the claim as tort to avoid Industrial Court limitations constituted abuse of process. The trial judge's credibility findings based on the Appellant's selective memory and evasiveness were upheld. KEYWORDS Wrongful dismissal – Industrial Court jurisdiction – abuse of process – domestic inquiry – credibility assessment – appellate intervention – Industrial Relations Act 1967 – employment termination – jurisdictional boundaries
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Judgment
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Read on eJudgmentSource: eJudgment (wa-12bncvc-48-05-2025)