Wednesday, October 12, 2011

[2011] 1 ILR 507- SUNNY KHOO

Wednesday, October 12, 2011

[2011] 1 ILR 507- SUNNY KHOO

SUNNY KHOO V YB MENTERI SUMBER MANUSIA, MALAYSIA, KUALA LUMPUR
HIGH COURT MALAYA, KUALA LUMPUR AZIAH ALI J
[JUDICIAL REVISION] NO:R1-25-143-2008] 1ST NOVEMBER 2010

Administrative Law- JR- Statutory Body - Decision of Minister  not to refer representation on dismissal to IC for adjudication - Whether decision justified in view of  reinstatement offer made- IRA 1967 s20(3)

The applicant applied for JR under O53 Rules of the HC 1980 for an order for certiorari to quash the decision made by the Minister under S20(3) of the IRA 1967 in refusing to refer the applicant's representation to the IC for adjudication.

Held: the applicant refused the offer of re-instatement to his previous post with the same terms and conditions of employment. If the employer reinstates or offers to reinstate  the employee to his former employment without loss of any benefits or privileges, there is simply nothing to refer because of the re-instatement or the offer thereof.

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