As which states there shall be no

As an example, in the case Beatrice A/P AT Fernandez v Sistem Penerbangan Malaysia & Ors 2005 3 MLJ 681. In this case, Beatrice was a Grade B stewardess of the Malaysian Airline System (MAS) company. Their service conditions were governed by the collective agreement which states that the company has the right to terminate service of any person who is pregnant. Beatrice became pregnant and refused to resign. So, the company took action to terminate her services and she brought the case to the court. She declared the collective agreement contravenes with Article 8(2) of the Federal Constitution which states there shall be no discrimination against citizens regardless of religion, race, descent, place of birth or gender in any law. The Court of Appeal held that, “As a branch of public law, Constitutional law, deals with the contravention of individual rights by a public authority, i.e. the State itself or any of its agencies, as distinguished from another individual. Where both parties affected by the infringement of a right are private individuals, constitutional law would take no cognisance of it by extending its substantive or procedural provision” 9.
The Court of Appeal found no relevance of that provision to the facts of the case and the finding was upheld by the Federal Court. The court noted that Article 8(1) only applies for an individual under the law and the collective agreement was governed by the private law thus Article 8 could not be applied for this case.


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