Jayadeep Hari & JamilJayadeep Hari & JamilJayadeep Hari & JamilJayadeep Hari & Jamil
  • About
  • Our People
    • Partners
    • Consultant
    • Associates
  • Practice Areas
  • Publications
    • Legal Updates
    • Our Reported Cases
    • Legal Cauldron (Temporary suspended)
    • Articles
    • News & Bulletin
  • We Care
  • Careers
  • Contact Us

Legal Update 21 of 2024

    Home Legal Updates Legal Update 21 of 2024
    NextPrevious

    Legal Update 21 of 2024

    By jhjadmin | Legal Updates | 0 comment | 29 December, 2024 | 0
    1. When can an employee file an appeal to the High Court against a decision made by the Social Security Appellate Board?
    2. Whether an accident from a trip from workplace to hometown is considered as work-related accident under the Employees’ Social Security Act 1969?

    Case:

    MUHAMMAD FIKRURRAHIM AWANG lwn KETUA PENGARAH PERTUBUHAN KESELAMATAN SOSIAL [2024] 6 MLRH 802

    Brief Facts:

    • The Applicant [“Fikrurrahim Awang”] is an employee of Islamic Outreach ABIM. He was insured under the Employees’ Social Security Act 1969 [“the Act”].

    • On 12.05.2021, which was the eve of Eid Al-Fitr, Fikrurrahim Awang was working until 7.30pm. He then rested at a homestay provided by his employer before making his journey to his hometown on 13.05.2021 at around 5.00am.

    • Unfortunately, he was involved in an accident [“the Accident”]. As a result of the Accident, he became permanently disabled on his right hand.

    • On 1.08.2021, Fikrurrahim Awang submitted the necessary form to Social Security Organization [“SOCSO”] to claim for benefits as an insured person under the Act.

    • However, on 12.10.2021, SOCSO ruled that the Accident is not ‘out of and in the course of his employment’ as stipulated under section 24 of the Act and rejected his claim.

    • Fikrurrahim Awang appealed to Social Security Appellate Board on the same day.

    • On 25.01.2023, a hearing was conducted. Then, on 22.02.2023, the Social Security Appellate Board rejected the appeal.

    • As a result, Fikrurrahim Awang filed an appeal to the High Court against the decision of the Board. The question was whether the Accident is considered as a work-related accident within the meaning of section 24 of the Act.

    • Further, the Respondent [“Director General”] raised a preliminary question that Fikrurrahim Awang’s appeal to the High Court was filed beyond the time limit provided under the Act.

    THE DECISION OF THE HIGH COURT (HC)

    • Firstly, under section 91 of the Act, a person can appeal to the High Court within 60 days from the date the order is made.

    • The HC read section 92 of the Act with the Act’s object and purpose in mind, i.e., a social legislation that aims to give protection for workers.

    • Therefore, it was ruled that the 60 days limit must start on 02.2023. This is the date in which Fikrurrahim Awang was aware of the Social Security Appellate Board’s decision.

    • Secondly, in deciding whether Fikrurrahim Awang’s travel on 13.05.2021 is considered as a ‘journey made for any reason which is directly connected to his employment’ the HC reminded itself to the object and purpose of the Act.

    • The HC noted the need for Fikrurrahim Awang to travel to his hometown for Eid Al-Fitr which is important for a Muslim.

    • It was decided that Fikrurrahim Awang was only able to travel back to his hometown on 13.05.2021, and not earlier was because of his work commitment. It was required of him by his employer to work on 12.05.2021.

    • Therefore, given the fact that Fikrurrahim Awang will have to travel to his hometown for Eid Al-Fitr and can only do so on 13.05.201, the said travel is a ‘journey made for any reason which is directly connected to his employment’.

    • Thus, the Accident arose ‘out of and in the course of his employment’ under section 24 of the Act, entitling Fikrurrahim Awang for the benefits.

    No tags.

    jhjadmin

    More posts by jhjadmin

    Related Post

    • Legal Update 9 of 2020

      By jhjadmin | 0 comment

      Can a civil servant be dismissed from employment by a local authority without affording him the right to be heard? Case: PIHAK BERKUASA TATATERTIB MAJLIS PERBANDARAN SEBERANG PERAI & ANOR v. MUZIADI MUKHTAR [2020] 1Read more

    • Legal Update 10 of 2020

      By jhjadmin | 0 comment

      Can the payment of quit rent, assessment rates, electricity and water bills be used to prove ownership of property? Case: HS REALTY SDN BHD v. YOW HONG SOON [2020] 1 LNS 230 Brief Facts: HSRead more

    • Legal Update 11 of 2020

      By jhjadmin | 0 comment

      Can accused persons who are convicted of disobeying the Movement Control Order appeal for alternative punishment instead of imprisonment in the interest of justice? Case: CHIN CHEE WEI & ANOR V PP [2020] 1 LNSRead more

    • Legal Update 12 of 2020

      By jhjadmin | 0 comment

      Can a foreign national have a permanent contract of employment? Case: AHMAD ZAHRI MIRZA ABDUL HAMID v. AIMS CYBERJAYA SDN BHD [2020] 1 LNS 494 Brief Facts: Ahmad, an expatriate, received a letter of appointmentRead more

    • Legal Update 13 of 2020

      By jhjadmin | 0 comment

      Can the giving of legal advice by an adjudged bankrupt, whose practising certificate has been suspended, amount to practising law in contravention of the Legal Profession Act 1976? Case: DARSHAN SINGH KHAIRA v. ZULKEFLI HASHIMRead more

    • Legal Update 14 of 2020

      By jhjadmin | 0 comment

      Can individual parcel owners enforce rights relating to common property on their own behalf? Case: SYARIKAT EAST COAST & ORS v. MAKNA MUJUR SDN BHD & ORS [2020] 2 MLRA 440 Brief Facts: Syarikat EastRead more

    • Legal Update 15 of 2020

      By jhjadmin | 0 comment

      When is the point of time when a debtor is considered to be unable to pay his debts? Case: AFFIN BANK BERHAD V. ABU BAKAR ISMAIL [2020] 2 MLRA 99 Brief Facts: Affin Bank BerhadRead more

    • Legal Update 16 of 2020

      By jhjadmin | 0 comment

      Whether an article containing allegations of corrupt practices and giving of bribes was defamatory to the owner of an education institution? Case: EAGLE ONE INVESTMENT LTD & ORS V. ASIA PACIFIC HIGHER LEARNING SDN BHDRead more

    Leave a Comment

    Cancel reply

    Your email address will not be published. Required fields are marked *

    NextPrevious

    JHJ Bulletin

    • S.Jeyaraman: The Magic of Memory
    • Andreas Dorn: Your Unconscious Mind on Change and Money

    Legal Updates

    • Legal Update 9 of 2026
    • Legal Update 8 of 2026
    • Legal Update 7 of 2026
    • Legal Update 6 of 2026
    • Legal Update 5 of 2026
    • Legal Update 4 of 2026
    • Legal Update 3 of 2026

    Legal Cauldron

    • 2
      0

      Legal Cauldron 1 of 2016

      Click here to view & download
    • 2
      0

      Legal Cauldron 2 of 2015

      Click here to view & download
    Copyright 2017 All Rights Reserved Contact Us         Like & Follow Us On:Facebook | Instagram | LinkedIn Disclaimer | Privacy Policy
    • About
    • Our People
      • Partners
      • Consultant
      • Associates
    • Practice Areas
    • Publications
      • Legal Updates
      • Our Reported Cases
      • Legal Cauldron (Temporary suspended)
      • Articles
      • News & Bulletin
    • We Care
    • Careers
    • Contact Us
    Jayadeep Hari & Jamil