Ex-secretary wins RM780,000 compensation for constructive dismissal

KUALA LUMPUR: The Industrial Court here awarded compensation of RM780,850 to a company secretary who also held two other positions after she proved she had lost her job due to constructive dismissal.

Sharifah Faridah MAG Abdul Rashid was awarded back wages of RM465,600 from her dismissal date in February 2017 until the last date of hearing five months ago.

Tribunal chairman K Sarojini also awarded her compensation of RM315,250 in lieu of reinstatement as she had served her former employer, Malaysia Smelting Corporation Bhd, for 13 years.

Sharifah’s last drawn monthly salary was RM24,250. She was also head of the company’s legal and human resources departments.

In her 52-page award delivered today, Sarojini said the company’s conduct and actions were tantamount to a breach of a fundamental term of Sharifah’s contract of employment.

“The company by its action has evinced an intention no longer to be bound by the said contract of employment.

“Accordingly, the court finds its effect, judged reasonably and sensibly, is that the claimant (Sharifah) cannot be expected to put up with the company’s aforesaid conduct, and the claimant was justified in treating herself as constructively dismissed,” she said.

Sarojini added that reinstatement was no longer an appropriate remedy as the relationship between Sharifah and the company had become strained due to a lack of trust and confidence.

Sharifah, who was represented by Damian Kiethan and Sasiraj Uthrapathy, said she filed a claim for constructive dismissal as her employment environment was no longer conducive.

Among others, she said, her post as head of human resources and administration was taken away and given to two other senior staff members.

She also claimed that her position as company secretary was restricted and later removed.