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Tuesday, April 02, 2024

Cabinet to discuss High Court decision on US’s judicial review bid, says Sim

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Cabinet to discuss High Court decision on US’s judicial review bid, says Sim

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The human resources minister says his ministry’s legal officer will review the background of the judgment before meeting with the Attorney-General’s Chambers.

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Human resources minister Steven Sim says his ministry is looking into the decision to quash a RM66,000 award made by the Industrial Court in favour of a former US embassy security guard for wrongful termination.

PETALING JAYA: Human resources minister Steven Sim says the High Court’s move to allow a judicial review application by the US government to quash an Industrial Court decision will be brought to the Cabinet meeting tomorrow.

He said the ministry was looking into the decision allowing the application to quash a RM66,000 award made by the Industrial Court in favour of a former US embassy security guard for wrongful termination.

“I have already discussed this with the legal officer from the ministry. We will review the background of the judgment first.

“The legal officer will then discuss the next steps with the Attorney-General’s Chambers,” Sim was quoted as saying by Berita Harian.

Yesterday, the High Court allowed a judicial review application by the US government and quashed the Industrial Court’s award of RM66,000, made in favour of a former US embassy security guard for his dismissal from employment 15 years ago.

In a decision handed down via email to the parties, Justice Amarjeet Singh issued a declaration that the Industrial Court did not have jurisdiction over the US government.

Amarjeet also held that L Subramaniam’s termination from employment for misconduct was an internal matter, and ordered Subramaniam to pay the US government RM8,000 in costs.

In an award handed down on April 27 last year, the Industrial Court found that Subramaniam had been unlawfully dismissed from his employment, and ordered the US embassy to pay him RM66,000 in compensation and back wages.

The application seeking to annul that award was filed by the US government on Aug 9 last year, naming the Industrial Court and Subramaniam as the first and second respondents.

2 comments:

  1. A misstep here that could be interpreted as non-compliance to the Vienna Convention could expose Malaysia's own Embassies and High Commissions to serious future litigation.

    ReplyDelete
    Replies
    1. Still game on misinterpreted the Vienna convention?

      Know-nothing fart of inconsequential!

      Delete