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
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.
Industrial Court chairman Bernard John Kanny said after considering the evidence at hand that Nor Aini Sabil was in fact a permanent employee of Murphy Sarawak Oil Co Ltd.
Her last drawn monthly basic salary was RM14,929, with a fixed allowance of RM1,200.
“It is clear to this court that the employment status of the claimant was an ordinary employment that was dressed up in the form of a succession of fixed-term contracts,” Kanny said.
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.
Nor Aini was awarded back wages and compensation amounting to RM541,068.29 in lieu of reinstatement, following the deduction of RM7,317.71 paid to her in retrenchment benefits.Read more: Free Malaysia Today
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