[2023] 6 MLRH 362
High Court Malaya, Shah Alam
Shahnaz Sulaiman J
[Civil Appeal No: BA-16-30-07-2022]
Shahnaz Sulaiman J


Shahnaz Sulaiman J:


[1] This is an appeal by the appellant, the Ketua Pengarah Pertubuhan Keselamatan Sosial (KP SOCSO) against the decision of the Social Security Appellate Board ("SSAB") dated 27 June 2022 and/or 14 July 2022.


[2] The single issue before this Court is whether on a plain and ordinary meaning of the Employment Insurance System Act 2017 ("EISA"), the appellant was right in determining the respondent is only entitled for loss of employment benefit based on the Minimum Wages Order made under the National Wages Consultative Council Act 2011 ("NWCCA").

Material Facts

[3] The facts as gathered from the documents filed by the appellant are as follows.

[4] The respondent is an insured person within the meaning of the EISA.

[5] The respondent was employed by Pestech Technology Sdn Bhd ("employer") on 16 January 2019 on a contractual basis as an Assistant Manager in the Finance and Accounts division.

[6] On 12 June 2019, the employer confirmed the respondent's employment, and the respondent became a permanent employee. The respondent was thereafter promoted to the position of Manager in the Finance and Account division with a monthly salary of RM9,100.00.

[7] The employer by way of their letter dated 28 September 2021 terminated the respondent's employment with effect from 1 October 2021.

[8] Based on the employer's termination letter:

(i) The respondent was paid her full salary in the form of "salary paid hospitalisation leave" for the month of January 2021 and February 2021; and

(ii) From March 2021 to September 2021, the respondent was not paid by the employer as she was on unpaid medical leave.

[9] Subsequently, on 31 October 2021, the respondent submitted Form SIPF 1 to the appellant being her application for loss of employment benefit pursuant to ElSA as a result of her termination from employment. The same was approved by the appellant on 14 October 2021.

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