PUTRAJAYA: The Federal Court today dismissed a former Grab driver’s application for leave to appeal a Court of Appeal decision, which had upheld the Minister of Human Resources’ refusal to refer her alleged unfair dismissal to the Industrial Court.
The leave application of Loh Guet Ching, 45, was dismissed by a three-judge panel comprising Chief Justice Tun Tengku Maimun Tuan Mat, and justices Tan Sri Nallini Pathmanathan and Datuk Rhodzariah Bujang.
“We find the questions (questions of law) formulated do not meet Section 96 of the Courts of Judicature Act 1964,” said Justice Tengku Maimun via Zoom proceedings, adding that there was no order as to costs.
During the hearing, Loh’s lawyer Ng Kian Nam requested the court to determine six questions of law, contending that they related to whether e-hailing drivers and economy workers should file their unfair dismissal disputes in the Industrial Court or Civil Court.
Senior federal counsel Nik Mohd Noor bin Nik Kar appearing for the Human Resources Minister and the Industrial Relations Department director-general, as well as lawyer Datuk T. Thavalingam representing MyTeksi Sdn Bhd objected that the questions proposed by Loh were not novel.
In order to obtain leave for a Federal Court appeal, an applicant must demonstrate that the proposed appeal raises novel legal or constitutional questions of public importance that have not been previously addressed and require further arguments.
Previously, Loh had filed a claim with the Industrial Relations Department seeking reinstatement with MyTeksi Sdn Bhd, which operates under Grab. The Minister of Human Resources, exercising his discretion, declined to refer the case.
She subsequently filed a judicial review application in the Kuala Lumpur Civil High Court.
On July 9, 2021, the High Court dismissed her judicial review application, which was affirmed by the Court of Appeal on Nov 27, 2023.
The Court of Appeal had ruled that Grab drivers do not fall within the category of “workman” as defined under Section 2 of the Industrial Relations Act 1967 and therefore cannot file a representation for unfair dismissal at the Industrial Court.
In early 2019, Loh reported Grab to the Industrial Relations Department, claiming she was unfairly removed from the platform following a dispute with a passenger at Senai International Airport, Johor in November 2018.
