BFM to pay sacked producer RM358,400 after failing to prove misconduct
Industrial Court holds that Umapagan K Ampikaipakan was dismissed without just cause or excuse.
The Industrial Court ordered private radio station BFM to pay former producer and presenter Umapagan K Ampikaipakan RM358,400 after finding that the allegations of sexual harassment and inappropriate conduct used to dismiss him were not proven. The court found that suspicion alone, while serious, is not enough to prove misconduct.
The allegations were imprecise, uncertain, incomplete, and untested, and Umapagan was materially disadvantaged by withheld information. Despite the gravity of the allegations, the court found that BFM failed to prove misconduct beyond a reasonable doubt, dismissing Umapagan without just cause or excuse. The company was awarded RM51,200 in compensation for reinstatement and RM307,200 in backwages, totaling RM358,400.
The court declined to award punitive damages, stating that BFM had received serious allegations, investigated them, and considered Umapagan's response.
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- BFM to pay sacked producer RM358,400 after failing to prove misconduct freemalaysiatoday.com
