The Industrial Court of Malaysia has ordered Maxis Broadband Sdn Bhd to pay RM703,664 in compensation to Ng Keng Seng, a former project manager specialist, for wrongful termination.
The decision, dated 16 July, was handed down by Industrial Court chairman Mohammad Zulbahrin Zainuddin, who found that Ng was dismissed without due process or adequate explanation.
Ng was let go without a warning or a show-cause letter regarding his performance, casting significant doubt over the legitimacy of his dismissal.
Lack of Transparency and Clear Documentation
Ng, who maintained a clean record with no prior disciplinary actions, faced allegations of unsatisfactory performance from the company.
However, Zulbahrin highlighted that while Ng received low evaluations, the company failed to provide concrete reasons or detailed feedback on his shortcomings.
This lack of transparency left Ng confused and unable to understand or address the supposed deficiencies in his performance.
Zulbahrin noted that the evaluations did not substantiate claims that Ng’s performance warranted dismissal.
“There is nowhere stated in the evaluations, any conclusions that his performances were so weak that it deemed dismissal from the company,” he stated, emphasizing the absence of clear documentation or communication from the employer.
The Case’s Focus on Unfair Dismissal
Zulbahrin reflected on Section 30(5) of the Industrial Relations Act 1967, which requires the Industrial Court to prioritize “equity, good conscience, and the substantial merits” of a case over legal technicalities.
He concluded that Maxis Broadband did not provide sufficient evidence to demonstrate that Ng’s dismissal was fair and just, based on the balance of probabilities.
The court awarded Ng 24 months of back wages and compensation in lieu of reinstatement, amounting to RM703,664.
Such rulings are not uncommon in cases where employers fail to provide compelling evidence to justify dismissing an employee.
saja nak bagitahu
semalam 23 july, 4Fingers diarah bayar RM309k kepada ex manager kerana unfair dismissal semasa covid.
(24 bulan gaji)hari ni 24 july, Maxis Broadband diarah bayar RM703k kepada ex project manager specialist keraja unfair dismissal
dulu 29 mac, BNM kena..
— Nik Akmal (@nikakmal00) July 25, 2024
