Leave to Appeal against the High Court’s Judgment on the Elements of Employment Injury Dismissed – UPDATE

On 24 December 2025, we issued a case note on the High Court’s decision in Ketua Pengarah Pertubuhan Keselamatan Sosial v Ahmad Izzat Farhan Roselan [2026] 2 MLRH 1 (HC) (“High Court’s Judgment”). In this case, the High Court, guided by an earlier High Court decision, held that three elements had to be satisfied for a personal injury to be an ‘employment injury’ under the Employees’ Social Security Act 1969 (“ESSA 1969”), namely that: (i) the injury must arise out of the employee's employment; (ii) the injury must arise in the course of the employee's employment; and (iii) the employment must be an industry to which section 2(10) of the ESSA 1969 applies. Our case note on the High Court’s Judgment can be read here.
 
Thereafter, on 2 January 2026, Ahmad Izzat Farhan Roselan filed a Notice of Motion for Leave to Appeal against the High Court’s Judgment to the Court of Appeal (“Notice of Motion”).
 
On 13 April 2026, the Court of Appeal1 unanimously dismissed the Notice of Motion. Accordingly, the High Court’s Judgment remains good law.
 
 
Muhammad Suhaib Ibrahim (Partner) and Muhammad Akhmal Amaluddin Bin Mat Aris (Associate) of Skrine acted for the Ketua Pengarah Pertubuhan Keselamatan Sosial in the High Court and the Court of Appeal.2
 
 
 

1 The Honourable Panel consisted of Abu Bakar bin Jais PCA (Presiding), Noorin binti Badaruddin JCA and Dr. Shahnaz binti Sulaiman JCA.
2 The assistance of Isaac Guek Yee Yun (Pupil) in opposing the Notice of Motion is acknowledged.

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