The Kuala Lumpur High Court today ruled that the dismissal of the former manager of Bank Negara Malaysia (BNM) for participating in political activities in 2016 was invalid and illegal.
KUALA LUMPUR: The High Court here today ruled that the dismissal of a former manager of Bank Negara Malaysia (BNM) for participating in political activities in 2016 was invalid and illegal.
Judge Datuk Ahmad Bache made the decision after allowing the suit filed by Y. Kohila, 48, as the plaintiff, against BNM who was named as the defendant, in 2018.
In May 2017, the plaintiff was given a show cause letter by BNM for supporting a political party and participating in a public rally organized by the party in 2016.
The court also allowed the woman's application to obtain a declaration that her dismissal was in breach of the employment contract and set April 29 to decide the assessment of damages and costs.
While reading his judgement, Ahmad said the plaintiff was not given the right to be heard which was a violation of natural justice during the internal inquiry and subsequent appeal process.
He said as a result of the unfair and unreasonable action, Kohila had suffered a loss.
The judge also explained that during the internal inquiry, the plaintiff's request to produce witnesses and be represented by his chosen lawyer was rejected while documents to prepare the case were also denied.
"The decision has put the plaintiff at a disadvantage and he cannot defend himself.
"He has also been given limited time to cross-examine the bank's witnesses," he said, adding that Kohila was also not allowed to testify and state his version.
The inquiry in May 2017 found Kohila guilty and the bank's Disciplinary Committee then decided to fire him, which Ahmad said was an unfair decision.
He also said the plaintiff was not called to appear before the committee to submit an appeal while the inquiry team and bank officials from the Human Resources Department were there.
"There was another violation of natural justice when he was unable to present an argument for appeal before the committee," he said.
In June 2017, the Disciplinary Committee decided to terminate the plaintiff's service on three counts of misconduct under the 2012 Code of Ethics.
Kohila, who filed the suit in 2018, is the Manager of BNM's Museum, Art Gallery and Science Management Centre.
Lawyers Datuk Ambiga Sreenevasan, Gokul Radhakrishan, Sarah Ho and KS Bawani represented Kohila while Steven Thiru and Janice Teo appeared on behalf of the bank.
-- BE RNAMA
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