The Federal Court has dismissed an application by former Grab driver, Loh Guet Ching, seeking leave to appeal against a Court of Appeal decision that upheld the Human Resources Minister’s refusal to refer her alleged unfair dismissal case to the Industrial Court.
Panel and Decision
The three-member panel, comprising Chief Justice Tengku Maimun Tuan Mat, Justice Nallini Pathmanathan, and Justice Rhodzariah Bujang, found that the questions of law presented did not meet the requirements under Section 96 of the Courts of Judicature Act 1964. The decision was delivered in online proceedings, with no order as to costs.
Questions of Law
Loh’s lawyer, Ng Kian Nam, sought the court’s determination on six legal questions concerning whether e-hailing drivers and gig economy workers should pursue unfair dismissal disputes in the industrial or civil courts. However, the Senior Federal Counsel, Nik Noor Nik Kar, and lawyer T Thavalingam, representing MyTeksi Sdn Bhd (operating under Grab), contended that the questions were not novel and thus did not justify the appeal.
