Post by Jasper Hee Partnership

📣 Can the Industrial Court strike out a constructive dismissal claim without a full trial?   Yes – and the case of Goh Kah Poh v. Landspace Realty Sdn Bhd [Case No: 21/4-1441/22] affirms this principle. The chairman of the Industrial Court struck out the claimant’s constructive dismissal complaint without proceeding to full trial, based solely on affidavit evidence. Why? The claimant was found to be an independent contractor—not a “workman” under the Industrial Relations Act 1967.   A key principle reaffirmed in this decision is the Industrial Court’s broad powers under Sections 29(fa) and (g) of the Industrial Relations Act 1967 to summarily determine preliminary issues, such as whether a claimant qualifies as a “workman.” This threshold question is critical because only “workmen” fall within the Industrial Court’s jurisdiction to hear constructive dismissal claims. Importantly, the Court clarified that disputes purely involving contractual payments—such as unpaid commissions—fall outside the Industrial Court’s jurisdiction and should instead be pursued in the civil courts. This case underscores the Industrial Court’s vital gatekeeping function in striking out claims that are obviously unsustainable, especially those outside its jurisdiction. We represented the Respondent in the Industrial Court claim brought by the Claimant. We wish to report that the Industrial Court’s decision to strike out the claim was affirmed by the High Court. The Award of the Industrial Court can be found here and CLJ : Goh Kah Poh v. Landspace Realty Sdn Bhd [2023] ILRU 1667.