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Cases

SUBRAMANIAM LETCHIMANAN v. THE UNITED STATED OF AMERICA & ANOTHER APPEAL
Court Of Appeal, Putrajaya
Kamaludin Md Said, Lee Swee Seng, Gunalan Muniandy JJCA
[Civil Appeal Nos: W-01(A)-66-01-2020 & W-01(A)-59-01-2020]
18 May 2021
[2021] 4 MLRA 153

Lee Swee Seng JCA:

[1] These combined appeals raise the intriguing question as to whether the principle of restrictive immunity applies in the context of the dismissal of a workman, engaged as a security guard, in a reference by the Minister to the Industrial Court under s 20 of the Industrial Relations Act 1967 ("IRA") where the employer is a sovereign state in The United States of America ("The USA").

[2] The USA had made the challenge by way of a Judicial Review application to the High Court arguing that state immunity applied and that the Minister of Human Resource ("Minister") was wrong in law to have referred the dispute to the Industrial Court. At the High Court the Minister was the 1st respondent, the Industrial Court the 2nd respondent and the workman the 3rd respondent.

[3] The USA had prayed for a certiorari to quash the reference by the Minister and a prohibition against the Industrial Court from adjudicating the Minister's reference. There was also a prayer for a declaration that the workman and The USA and its Embassy are immune from the jurisdiction of the Industrial Court.

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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