JUDGMENT

Mohd Nazlan Mohd Ghazali FCJ:

Introduction

[1] In the two related appeals heard together before us, we dealt with the recurring question of whether an individual who is a company Director could be an employee of the company at the same time. We affirmed that the answer is in the positive, which is a position that is already well-settled.

[2] This judgment examined the key issue raised in these appeals - the applicability of the employer-employee or superior-subordinate relationship to the context of a Directorship, especially for individuals performing such dual roles.

[3] In the final analysis, we unanimously found no errors in the judgment of the Court of Appeal, which, in overturning the decisions of the lower courts, had determined that the two respondents who were company Directors of the appellant company were also its employees and that as employees, they had been unlawfully dismissed. For the reasons hereinunder contained, we affirmed the decision of the Court of Appeal and dismissed the appeals.