Utusan Melayu loses appeal over wrongful dismissal
BernamaPublished: Apr 18, 2012 9:20 AM | Updated: Apr 18, 2012 9:22 AM
Utusan Melayu (Malaysia) Bhd has lost its appeal to set aside a High Court decision ordering the company to pay RM57,120 in back wages to its former journalist who was sacked over allegations of insubordination concerning her duties.
Utusan Melayu (Malaysia) Bhd has lost its appeal to set aside a High Court decision ordering the company to pay RM57,120 in back wages to its former journalist who was sacked over allegations of insubordination concerning her duties.
A three-member bench of the Appeals Court comprising Abu Samah Nordin, Ramly Ali and Linton Albert in a unanimous decision, dismissed Utusan Melayu’s appeal and ordered the company to pay RM10,000 in legal costs.
On Aug 7 2008, the Industrial Court awarded Norzahizan Ismail a total sum of RM71,128 - RM57,120 in back wages and RM14,008 in exemplary damages and transport allowance after ruling that she was wrongfully dismissed by Utusan Melayu.
The Penang Industrial Court also ordered the newspaper company to reinstate Norzahizan Ismail within 60 days from the date of the decision of the Industrial Court.
Utusan Melayu then filed an application at the High Court for a judicial review to quash the decision of the Industrial Court. The company was represented by lawyer D Krishnan in the appeal proceedings today.
On March 30 2010, the High Court ordered that Norzahizan only be awarded RM57,120 in back wages and reinstatement after quashing the award on exemplary damages and transport allowances given to her by the Industrial Court.
Justice Abu Samah in his decision today said the Industrial Court’s decision was essentially based on its finding of facts which an appellate court would not interfere with.
Norzahizan, now 55 years of age, was dismissed on Sept 15, 2004 after she was found guilty by the newspaper’s internal inquiry of three charges, including alleged failure to follow instructions of her superior pertaining to her duties and writing of news as required.
She defended herself by saying that she had complied with her superior’s orders.
Norzahizan requested to the company to be reinstated following the Industrial Court’s decision but the company did not accede to her request because its appeal to the Appeals Court was pending.
Lawyer Jagdeep Singh Deo said his client, Norzahizan, would also be entitled to compensation in lieu of her reinstatement as she was not reinstated and she had reached her retirement age in February this year.
- Bernama
A three-member bench of the Appeals Court comprising Abu Samah Nordin, Ramly Ali and Linton Albert in a unanimous decision, dismissed Utusan Melayu’s appeal and ordered the company to pay RM10,000 in legal costs.
On Aug 7 2008, the Industrial Court awarded Norzahizan Ismail a total sum of RM71,128 - RM57,120 in back wages and RM14,008 in exemplary damages and transport allowance after ruling that she was wrongfully dismissed by Utusan Melayu.
The Penang Industrial Court also ordered the newspaper company to reinstate Norzahizan Ismail within 60 days from the date of the decision of the Industrial Court.
Utusan Melayu then filed an application at the High Court for a judicial review to quash the decision of the Industrial Court. The company was represented by lawyer D Krishnan in the appeal proceedings today.
On March 30 2010, the High Court ordered that Norzahizan only be awarded RM57,120 in back wages and reinstatement after quashing the award on exemplary damages and transport allowances given to her by the Industrial Court.
Justice Abu Samah in his decision today said the Industrial Court’s decision was essentially based on its finding of facts which an appellate court would not interfere with.
Norzahizan, now 55 years of age, was dismissed on Sept 15, 2004 after she was found guilty by the newspaper’s internal inquiry of three charges, including alleged failure to follow instructions of her superior pertaining to her duties and writing of news as required.
She defended herself by saying that she had complied with her superior’s orders.
Norzahizan requested to the company to be reinstated following the Industrial Court’s decision but the company did not accede to her request because its appeal to the Appeals Court was pending.
Lawyer Jagdeep Singh Deo said his client, Norzahizan, would also be entitled to compensation in lieu of her reinstatement as she was not reinstated and she had reached her retirement age in February this year.
- Bernama
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