Mahkamah kekal keputusan pecat juruteknik terbabit gangguan seksual pekerja pembersihan

The Malaysian High Court ruled that Composites Technology Research Malaysia Sdn Bhd had justifiable reasons to terminate the employment of a former technician. In Kuala Lumpur, former right-hand side technician accused an 17-year-old cleaning worker of sexual harassment four years ago in the company premises. Chief Justice Alice Loke dismissed the man's appeal against the decision of the Companies Court that Composites Technology Research Malaysia Sdn Bhd (CTRM) had a valid reason to dismiss him.

She stated that the man's reasons were not sufficient grounds for the High Court to intervene in the Companies Court's judgment. She also ordered the 50-year-old man to pay RM3,000 to CTRM, the aerospace component supplier. In a 10-page judgment, Loke referred to the decision of the Federal Court in Mohd Ridzwan Abdul Razak v Asmah Hj Mohd Nor, which classified sexual harassment as a very serious and unacceptable misconduct.

The man joined CTRM as a quality assurance inspector in July 2001 and was promoted to senior technician in June 2022. He was accused of inappropriately touching the cleaning worker on June 24, 2022, while the victim was walking towards the restroom during a lunch break. The cleaning worker informed the company that the man had touched her using his right hand from her waist to her collarbone.

The man denied the allegations, claiming that any physical contact occurred unintentionally due to the tight restroom space. An internal investigation on August 2022 found him guilty, and CTRM terminated his employment on August 26, 2022. He subsequently filed a claim for wrongful dismissal under Section 20(3) of the Companies Act 1967, arguing that the evidence did not support the sexual harassment claim and the cleaning worker's statements were inconsistent.

He said that his unintentional claim was not given proper consideration, and raised several objections to the internal investigation. However, Loke said the Companies Court had carefully evaluated the evidence and accepted the cleaning worker's version of events. The woman's testimony was supported by a co-worker present in the restroom who saw the man moving his right hand from the victim's waist to her breast.

The Companies Court also considered the man's admission that he may have unintentionally touched the cleaning worker, but rejected his explanation, emphasizing that he did not apologize at the time. Loke noted that the man's subsequent behavior was also important as he questioned whether touching was possible with the cleaning worker and his mother on July 4, 2022.

She concluded that the man's actions demonstrated a lack of remorse and that the investigation findings could not be entirely trusted as procedural weaknesses did not necessarily lead to serious consequences, as the Companies Court would hear the case again in full.