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Cases

AHMAD ZAHRI MIRZA ABDUL HAMID v. AIMS CYBERJAYA SDN BHD
Federal Court, Putrajaya
Tengku Maimun Tuan Mat CJ, Mohd Zawawi Salleh, Idrus Harun, Nallini Pathmanathan, Abdul Rahman Sebli FCJJ
[Civil Appeal No: 02(f)-11-02-2019(W)]
28 May 2020
[2020] 3 MLRA 475

JUDGMENT

Mohd Zawawi Salleh FCJ:

Introduction

[1] The key issue in this appeal is whether the appellant/claimant was employed on a fixed-term contract or was a permanent employee of the respondent at the material time. The Industrial Court and the High Court found that the appellant/claimant was a permanent employee of the respondent and his dismissal from his employment was without just cause or excuse. On appeal, the Court of Appeal set aside the decision of the High Court and allowed the respondent's appeal.

[2] On 7 January 2019, this court granted the appellant/claimant leave to appeal on the following questions of law:

(i) Whether a need for work permit is a material consideration in determining whether an employment contract is a genuine fixed- term contract; and

(ii) Does a contract of employment which is renewed successively without application by the employee and without any intermittent breaks in between, is in reality a permanent employment.

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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