WHEN SICK LEAVE BECOMES A LAWSUIT: A MALAYSIAN HIGH COURT WAKE-UP CALL FOR EMPLOYERS

Date: 13.3.2026

This HR digital podcast explores the legal risks companies face when managing employees with long-term illnesses, specifically highlighting a recent High Court ruling in Malaysia. The case involved an IT manager dismissed for abandonment of employment after failing to return to work while still undergoing post-COVID rehabilitation. Although a corporate health assessment suggested he was fit, the court found the employer acted in bad faith by ignoring conflicting medical advice from the employee’s treating physician. The judicial decision emphasizes that extended medical leave is not a disciplinary issue and cannot be treated as wilful misconduct. Ultimately, the court awarded substantial financial compensation, signaling that employers must prioritize fair procedures and comprehensive medical evidence over operational convenience. This serves as a warning that summary dismissal during a recovery period often results in significant legal liability.
 

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