Judge Wan Ahmad Farid Wan Salleh said former flight supervisor Ina Meliesa Hassim and ex-senior crew Wan Amran Wan Bulat were out of time when they filed the leave application.

The judge, who delivered his ruling during a remote proceeding, said both failed to give good reason for the delay, and the merit of their cases was irrelevant at this juncture.

The duo, who were represented by Najib Zakaria, cited the movement control order and the lockdown during the height of the Covid-19 pandemic in May as grounds for the late application.

Under the Rules of Court, parties who are aggrieved with the decision of a public authority have three months to file the application.

The Industrial Court dismissed Ina’s unfair dismissal claim on Feb 14 and Wan Amran’s on Feb 19.

Both filed their legal papers a month after the three-month deadline.

The attorney-general did not oppose the extension of time and the leave application.

Before their re-employment with MAB in 2015, both were with Malaysia Airlines.

MAB initiated a programme identifying flight crews who failed to maintain their BMI (body mass index) and subjected them to a weight management programme.

Ina and Wan Amran underwent the programme, which they did not protest against, along with other affected employees.

Ina did not meet the 61kg requirement while Wan Imran was above the 79kg mark, leading to their dismissal in September 2017.

Lawyer Sebastian Tay and Rebecca Sonali Alfred appeared for MAB.

Najib told FMT he will seek instruction from his clients on whether to file an appeal.