00:00The Court of Appeal has unanimously restored separate industrial court awards given in
00:06favour of two former lorry drivers for unlawful dismissal after allowing a preliminary objection
00:12raised on their behalf.
00:15Justice Ahmad Fairoz Zainul Abidin said the employer SG Concrete Products Sindran Bahad
00:20had erroneously filed an appeal with the High Court instead of pursuing a judicial review
00:25in both cases, and that the High Court judge had erred in allowing the appeals and setting
00:30aside the industrial court's awards.
00:33As a result, the judge said the bench which included Justices Supang Lian and Lim Chong
00:38Fong saw it unnecessary to consider the merits of the appeal.
00:43Appellants Rosli Saad and Rohlizan Rahaman had through their lawyer Ravi Niku raised
00:48a preliminary objection as to the mode by which the matter was brought before the High
00:52Court.
00:54On November 14, 2022, the industrial court awarded Rosli 56,400 Ringgit and Rohlizan
01:0138,400 Ringgit in compensation in lieu of reinstatement as they were terminated for
01:07missing work for four days in a row without reasonable excuse breaching Section 15 Sub
01:132 of the Employment Act 1955.
01:17The two drivers, then represented by different counsel, had raised a similar objection in
01:22the High Court, which was later dismissed.
01:25Ahmad Fairooz said the High Court fell into error in dismissing the objection and that
01:29the employer should have filed a judicial review instead of an appeal to the High Court
01:34to challenge the two awards.
01:36Meanwhile, the employer represented by Farah Irina Khairi-Iswan is appealing the decision
01:42to the Federal Court.
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