Mahkamah Tinggi putuskan ejen gaji tak bertanggungjawab dalam saman buang kerja

The Mahkamah Tinggi in Kuala Lumpur has dismissed a lawsuit filed by Chin Siang Tean against Great Pyramid Sdn Bhd due to unpaid wages amounting to RM5,000. The court upheld a previous decision made by the Court of Companies. In her judgment, Judge Alice Loke ruled that the company involved, Great Pyramid Sdn Bhd, was not Chin Siang Tean's employer and therefore had no authority to terminate her.

She stated that the actual employer was GenScript Biotech Pte Ltd, a company headquartered in Singapore. The judge emphasized that there was no reason to disregard the Court of Companies' decision and ordered Chin to pay RM5,000 to Great Pyramid. The Court of Companies in 2024 had ruled that while the employment contract was signed with Great Pyramid, all operational control, instructions, and termination decisions stemmed from GenScript.

The Court of Companies found no connection between the plaintiff and Great Pyramid. Chin had received an initial offer from GenScript and a second offer from Great Pyramid, both of which she signed. She also worked directly under GenScript. The dismissal letter was issued by Great Pyramid. Chin claimed there was no clause in her contract stating that Great Pyramid only acted as a payroll service provider.

However, Great Pyramid claimed GenScript was the actual employer while they only acted as a payroll service provider. The company also stated that all work scope, benefits, and termination decisions were under GenScript's control, adding that the termination decision was made based on the relevant company's instructions. Chin has a one-month window from the decision date to file an appeal with the Mahkamah Rayuan. Bhavanash Sharma represented Great Pyramid, while Yeo Jie Hu represented Chin.