NOR FARDZLIAH JAAFAR v. PERBADANAN NASIONAL BHD
INDUSTRIAL COURT, KUALA LUMPUR
AMRIK SINGH
AWARD NO. 1864 OF 2025 [CASE NO: 6(20)-4-979-23]
8 DECEMBER 2025

Abstract – A statutory body or company, though engaging in commercial activities and contracts, retains its character and legal status as a Government Agency, or ‘instrument of the Government’, if its primary function is to carry out a mandate or policy in furtherance of the Government’s high public interest objective. If a body is determined to be a Government Agency, the Industrial Court’s jurisdiction to hear a claim against it is ousted by

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KONG SOW KAM v. ARAH DAGANG SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
AHMAD RAZIF MOHD SIDEK
AWARD NO. 39 OF 2026 [CASE NO: 3-4-224-24]
6 JANUARY 2026

Abstract – Incidents arising from the lawful exercise of managerial prerogative – including the re-organisation of business security, the temporary administrative delay in restoring access tools following reinstatement, and the issuance of reasonable instructions to ensure work efficiency – do not constitute a breach of contract. Furthermore, where an employee’s conduct demonstrates insubordination or a lack of genuine intent to resume employment, they cannot rely on those self-induced frictions to claim dismissal.

Award	Parties	Citation	Links
	Inhome Group Sdn Bhd v. Dream Home Structural Works Sdn Bhd & Anor [Civil Suit No: WA-221P-44-08-2023]	[2026] 1 ILR 1
	Jetvalet Sdn Bhd v. Lukman Hakim Mohd Zaki & Anor [Civil Appeal No: BA-16-24-05-2024]	[2026] 1 ILR 43
1864/2025	Nor Fardzliah Jaafar v. Perbadanan Nasional Bhd [Case No: 6(20)-4-979-23]	[2026] 1 ILR 51
1880/2025	Salina Kamarudin v. UMPSA Holdings Sdn Bhd [Case No: 22-4-1193-23]	[2026] 1 ILR 64
1889/2025	Mohd Fitri Ibrahim v. Yayasan Islam Pulau Pinang [Case No: 18-4-978-24]	[2026] 1 ILR 89
1891/2025	Johnny Lau Kah Beng v. Petroliam Nasional Berhad (Petronas) [Case No: 8-4-436-22]	[2026] 1 ILR 113
39/2025	Kong Sow Kam v. Arah Dagang Sdn Bhd [Case No: 3-4-224-24]	[2026] 1 ILR 145
79/2025	Wong Si Jing v. China Communications Construction Company (M) Sdn Bhd [Case No: 15-4-447-24]	[2026] 1 ILR 169
181/2025	Timothy James Bottomley lwn. The Alice Smith Schools Association [No. Kes: 2-4-1089-24]	[2026] 1 ILR 185
126/2025	Chung Lee Chu v. Revenue Harvest Sdn Bhd & Anor [Case No: 4-4-265-24]	[2026] 1 ILR 210

SUBJECT INDEX

"I am of the view that the right to livelihood cannot be trampled upon merely because of technicalities and irregularities like Board of Directors’ Approvals, etc. This is not to say that approvals from the Board of Directors of a company or an organisation are not important or unnecessary, but such a requirement must always be weighed in with reasonableness and objectivity. 

...

Looking at the factual matrix of this case from the point of view of the Federal Constitution which to my mind is the holy book of the nation and a sacrosanct document, it cannot be gainsaid that that a workman like the claimant who was lawfully appointed by the Foundation via a contract of employment, undoubtedly has security of tenure of employment which has been recognised as a proprietary right to livelihood under art. 5(1) of the Federal Constitution, meaning, the right to be engaged in lawful and gainful employment until and unless he is dismissed from gainful employment with just cause or excuse." - Per Jeyaseelen T Anthony in Mohd Fitri Ibrahim v Yayasan Islam Pulau Pinang [2026] 1 ILR 89