industrial court malaysia - Malaysian Legal and Tax Information Centre

gainsaid that this is a very senior position”. The above statement underlines the
fact that the position of the Claimant in a management position or senior position
is an important and relevant consideration.
In Gold Coin Specialities Sdn. Bhd. v. Matheswaran a/l Paspanathan [2004]
3 MLJ, the High Court (on judicial review), observed that the Claimant's position
was a high ranking one. It also noted that the post he had earlier held in the
Company had been filled up as the Company could not be expected to keep the
position vacant for a long period as it would be detrimental to the Company's
operation. The High Court also observed that the Claimant was relatively young
and able. These were all relevant factors to be taken into account in considering
whether to grant reinstatement in any particular case.
Decision On The Issue of Reinstatement
This Court finds that in our case reinstatement is clearly not the appropriate
remedy. The Court has considered all the relevant factors, including the
Claimant's length of service in the Company, his position being a top position,
the intervening period after the dismissal etc. Bearing in mind the objectives of
industrial adjudication and the competing claims of employer and employee, and
the need to maintain the proper balance, in the spirit of fairness and justice,
bearing in mind s.30(5) of the IRA, this Court is of the considered view that
reinstatement is not the appropriate remedy in this case.
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