The Federal Court awarded about RM2 million to two founding shareholders and directors who were found to have been unfairly dismissed – after a five‑year legal battle that came down to a single question: can a director also be an employee?
Author: Justiciable
Woon Kim Choy and Anor: The Full Analysis
After a majority‑led EGM removed them as directors, the company maintained they were never employees. The Federal Court disagreed, upholding an award of RM2 million and affirming that directors can be “workmen” under the Industrial Relations Act 1967.
The Orang Asli Villagers and Their Ancestral Right
When seven Orang Asli villagers sued a company for destroying their ancestral graves, the Federal Court ruled that customary land rights survive relocation and cannot be extinguished by a commercial lease. The decision is a landmark affirmation that indigenous dignity and constitutional protections extend to burial grounds, even when titles change hands.
Capital City Property and the Corporate Veil
A developer was sued alongside a related tenant for unpaid rent. The Court of Appeal set aside the High Court’s decision to pierce the corporate veil, ruling that control and injustice are not enough. Actual fraud or unconscionable conduct must be proved.
TNB and the Meter‑Tampering Claim
A wood‑based company was caught tampering with its electricity meter. The court ordered it to pay TNB RM476,000 for the unmetered consumption.