Socso challenges decision that weekend travel is commuting to work

Socso challenges decision that weekend travel is commuting to work

In its application for leave to challenge it at the Federal Court, Socso says it will show that the COA decision was predicated on negative questions of law.

The Court of Appeal ruled last month that a technician was entitled to Socso compensation for injuries while travelling back to work from his hometown on a Sunday. (Bernama pic)
PETALING JAYA:
The Social Security Organisation (Socso) has applied for leave in the Federal Court to challenge a Court of Appeal decision that workers travelling from their hometowns, after spending the weekend, to their workplaces is considered “travelling to work”.

The appeal court had ruled that injuries sustained by technician N Sathiaseelan, in an accident on a Sunday, while travelling back from his hometown, amounted to an employment injury even though it was his off day.

Socso is seeking an answer from the Federal Court on:

  • Whether decisions of the Social Security Appellate Board are recognised as equal to a subordinate court’s decision; and
  • Whether injuries sustained from an accident encountered by contributors when returning to their place of residence before starting work, or while travelling over a weekend, can be considered an employment injury:

Socso contends that the appeal court’s decision was predicated on negative questions of law.

However, Sathiaseelan’s counsel, T Manoharan, said the court had held that the Socso Act should be interpreted expansively and liberally in the context of corporate social responsibility, allowing employees to travel to their workplace on weekends from their hometowns.

He said the Court of Appeal should be the final court to determine any appeal from the Socso board.

Socso, however, is seeking clarification from the Federal Court.

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