‘Suspicion cannot take the place of proof’: BFM ordered to pay ex-presenter RM358,400 over 2019 dismissal
KUALA LUMPUR, Sept 25 — The Industrial Court has ordered BFM Media Sdn Bhd to pay former producer and presenter Um...
In a recent decision, the Industrial Court has ordered Malaysian radio station BFM Media Sdn Bhd to pay former producer and presenter Umapagan Ampikaipakan RM358,400 for his dismissal in 2019. The court ruled that BFM had not proven the misconduct allegations used to justify his termination, despite the serious nature of the accusations.
The allegations included sexual harassment, inappropriate messages, remarks, and physical contact, which Umapagan denied. Industrial Court chairman Pravin Kaur Jessy found significant issues with the charges and evidence presented by BFM, such as the absence of specific dates and names, and lacking original message exchanges. She emphasized that an employer must prove misconduct, not rely on vague or imprecise allegations.
Umapagan claimed his dismissal was unjust and accused BFM of bad faith, victimisation, and an unfair labor practice. The court awarded him RM51,200 in compensation for reinstatement and RM307,200 in back wages, totaling RM358,400.
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