Kool FM Radio Sdn Bhd v. Mahkamah Perusahaan & Anor
KL High Court Judicial Review Application No. WA-25-146-05/2020
This afternoon, the Kuala Lumpur High Court allowed a judicial review application brought by Kool FM Radio Sdn Bhd (“Kool FM”), a Malaysian private radio station owned by Media Prima Berhad, and overturned a decision of the Industrial Court, which had held that a radio announcer was a workman under section 2 of the Industrial Relations Act 1967 (“IRA”).
The radio announcer was appointed through a contract for services by Kool FM, and when the said contract was terminated, he proceeded to file a claim for unfair dismissal against Kool FM. The Industrial Court, via Industrial Court Award No. 305 of 2020, ruled in favour of the radio announcer, and awarded a sum of RM117,420.00 as backwages and pro-rated salary.
At the High Court, Kool FM had argued that based on the terms of the contract for services, the parties’ intentions when executing the contract and their conduct thereafter, the radio announcer was evidently an independent contractor who was engaged under a contract for services and therefore was not a workman and not entitled to file a representation for unfair dismissal under the strict purview of the IRA.
The High Court today agreed with Kool FM's position and allowed its judicial review application with costs.
The Award of the Industrial Court can be accessed here.
Kool FM was represented by Dato’ Thavalingam C. Thavarajah and Farah Dini Zaini at the Kuala Lumpur High Court.