Question
The Food Safety Act 2019 (fictitious) (Act) empowers the Health Minister to issue regulations governing the safety and hygiene of food manufactured in Malaysia. Section
The Food Safety Act 2019 (fictitious) ("Act") empowers the Health Minister to issue regulations
governing the safety and hygiene of food manufactured in Malaysia.
Section 20 of the Act states that the Health Minister must consult all relevant parties related
to the food industry before passing any regulations under this Act.
Due to the urgency of the rising COVID-19 cases, the Health Minister passed the COVID-19
Food Control Regulations, which contained, inter alia, the following provision:-
Regulation 8: for food imported into Malaysia, the manufacturers must have a COVID-19 proof
of vaccination.
Salleh, who is an employee of De-Mart Sdn Bhd, a food import company in Malaysia, was
unhappy with the regulations. Further, he discovered that the Health Minister had passed the
regulations without consulting K-Mart Sdn Bhd. Omar shared his dissatisfaction in his
Facebook which went viral.
Within two months of his comments, he received a letter from his company requesting him to
attend a disciplinary hearing.
Advise Omar as to whether he has grounds to challenge his dismissal and whether he could
validly challenge the Health Minister's regulations.
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