Ex-O&G employee wins RM540,000 for unfair dismissal

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The Industrial Court says Nor Aini Sabil was a permanent employee and that the 'last in, first out' principle of selection in retrenchment exercises was unfairly applied in her case. FMTNews UnfairDismissal

KUALA LUMPUR: A former employee of a petroleum company was awarded compensation of RM540,000 after the Industrial Court ruled that her dismissal on grounds of being a contract employee was wrongly conceived.

Nor Aini was informed by her employer in July 2015 that she would be retrenched on grounds of redundancy. She was urged to accept a mutual separation agreement.Kanny said Nor Aini, represented by S Muhendran and Chong Wan Loo, was employed as a document control coordinator for four years. He said he found that each renewal had taken place automatically before the expiration of contract with no break in Nor Aini’s service.He also noted that Nor Aini was granted pilgrimage leave, a benefit only available to permanent employees, in particular those who have served for five continuous years.

“There was no redundancy which justified the claimant’s dismissal,” he said, adding that the retrenchment was done in an unfair manner.

 

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