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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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