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20 November 2014

MAS now claims flight attendant admitted to sexual misconduct, says union



Malaysia Airlines has dropped a bombshell, saying its former flight attendant who is being held in a Paris detention centre for alleged sexual assault on a passenger, was terminated after he admitted to committing misconduct.
National Union of Flight Attendants Malaysia (Nufam) president Ismail Nasaruddin said this was revealed by MAS human resource personnel during a conciliation meeting with the Industrial Relations Department in Shah Alam, yesterday.
"We have asked for proof from MAS and the IRD officer has adjourned the conciliation exercise to next week," said Ismail, who led a team to represent the flight attendant.
The union lodged a complaint with the department after the national carrier sacked the employee without holding a domestic inquiry.
Last week MAS confirmed the employee was sacked for breaching the company's code of conduct.
The Malaysian Insider understands that the 57-year-old employee was dismissed from employment about two weeks after the alleged incident on August 5.
MAS sent a letter dated August 22 to the employee's previous home address in Shah Alam and a neighbour handed over the document to a family member on September 15.
The former employee, who had served MAS for 32 years, was given 60 days to appeal against the termination.
But, the union said it was a ridiculous exercise since the ex-employee could not appeal as he had no idea he was sacked.
The union filed a complaint to the department to direct MAS to reinstate him to his former position.
Ismail said he was neither surprised nor shocked by the revelation by MAS; but would give the airline the opportunity to produce documentary evidence at the next meeting.
"I am sceptical, but will wait until next week to see what MAS does," he told The Malaysian Insider.
Meanwhile, lawyer Shailender Bhar, who is representing the family of the former flight attendant, said the ex-employee did not write to the airlines nor did anyone from the company meet him in Paris.
"I have checked with him and the family. There is no written admission of misconduct by the flight attendant." – November 19, 2014.
Shailender said he wrote to MAS after a family member who had read the contents of the August 22 letter had given the document to him for further action.
The lawyer said in his letter he sought clarification from MAS on the nature of the misconduct and the the ex-employee’s alleged written confession.
"In that letter to MAS, I also said the family was shocked and perplexed by the reference to the statement," he said.
The lawyer said he and the family did not reveal the so-called confession earlier as they wanted the conciliation proceedings to commence.
"I would have expected the MAS official to produce the statement at the meeting (yesterday) because that is a vital document. They had refused to give us copy when we asked earlier," he added.
On Saturday, the employee's family appealed to Putrajaya to bring him home and investigate the allegations here.
His eldest daughter Syaza, 24, said under Article 3 of the Tokyo Convention 1963, her father should be brought back to Malaysia instead of being held in France.
Malaysia and France are signatories to the convention which is a multilateral treaty on offences and certain other acts committed on board an aircraft.
Article 3 states that the state of registration of the aircraft is competent to exercise jurisdiction over offences and acts committed on board.
The alleged assault occurred aboard Malaysia Airlines flight MH20 on August 5 and the steward was detained by French authorities upon arrival in Paris.

He is alleged to have sexually assaulted Australian passenger Laura Bushney twice during a flight from Kuala Lumpur to Paris.
Bushney lodged a police report upon reaching Charles de Gaulle airport. – November 19, 2014.

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