This case serves as a critical reminder that for sports bodies, strict adherence to their constitution and bylaws is paramount. It mandates the exhaustion of internal remedies like mediation before court intervention and underscores the fundamental necessity of procedural fairness in all decisions.
原告（一位股东兼董事）指控同样作为第三被告 Super Resources & Trading Sdn Bhd 股东兼董事的第一及第二被告，存在压迫行为且无视原告的利益。
The plaintiff, a shareholder and director, alleged that the first and second defendants, also shareholders and directors of the third defendant, Super Resources & Trading Sdn Bhd, acted oppressively and disregarded the interests of the plaintiff.
In 2015, FIFA implemented a global ban on TPO agreements, which prohibited clubs and investors from sharing players’ economic rights.
RFC Seraing, which had entered into such arrangements with an investment fund, was sanctioned with fines and a transfer ban by FIFA. The club argued that the ban restricted competition and free movement under European Union (‘EU’) law and sought to challenge the arbitral award confirming FIFA’s sanctions.
Malaysian arbitration law has historically featured a debate on the available routes for enforcing foreign arbitral awards, specifically, whether award creditors could opt for direct enforcement under the Malaysian Arbitration Act 2005 or were required to pursue enforcement under the Reciprocal Enforcement of Judgments Act 1958 framework after converting the award into a judgment abroad.
This case demonstrates that employers must provide fair reasons before terminating an employee. A dismissal cannot be justified by vague claims of poor performance when the employee is actively achieving the goals set out for them. The Industrial Court’s role is to protect workers against arbitrary termination and ensure the upholding of contractual rights, even in demanding industries like professional sports.
