Mahkamah kekal keputusan pecat juruteknik terbabit gangguan seksual pekerja pembersihan

The Malaysian High Court has upheld Composites Technology Research Malaysia Sdn Bhd's decision to terminate a former senior engineer for sexually assaulting a 17-year-old cleaning staff member four years ago. The judge, Alice Loke, rejected the man's appeal against the decision made by the Company Court to dismiss him. The judge stated that the man's reasons did not warrant the intervention of the High Court in the Company Court's judgment.

The 50-year-old engineer, who joined CTRM as a quality assurance inspector in July 2001 and was promoted to senior engineer in June 2022, was accused of inappropriately touching the cleaning staff member on June 24, 2022, while she was passing through the restroom during a lunch break. The cleaning staff member reported the incident to the company, alleging that the engineer used the palm of his right hand to touch her between the waist and the chest.

The engineer denied the allegations, claiming the contact was accidental due to the narrow restroom space. A preliminary inquiry on August 2022 found him guilty, and CTRM immediately terminated his employment on August 26 of the same year. He subsequently filed a wrongful dismissal claim under Section 20(3) of the Companies Act 1967, arguing that the evidence did not support the sexual assault claim and the cleaning staff member's statements were inconsistent.

However, Loke noted that the Company Court had carefully considered the evidence and accepted the cleaning staff member's version of events. The victim's co-worker also corroborated her account, stating that she saw the engineer moving his right hand palm from the cleaning staff member's waist to her chest. The Company Court also considered the engineer's admission that he may have accidentally touched the cleaning staff member, but dismissed his explanation, emphasizing that he did not apologize at the time.

Loke stated that the engineer's subsequent actions were significant as he approached the cleaning staff member and his mother on July 4, 2022, and asked, "Could touching be considered assault?" The judge also rejected the engineer's objection to the preliminary inquiry, stating that any procedural weaknesses in the inquiry should not necessarily result in serious consequences, as the Company Court heard the case afresh and found no procedural violation or breach of rights.