‘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...
On September 25, the Industrial Court ruled that BFM Media Sdn Bhd must pay ex-presenter Umapagan Ampikaipakan RM358,400 following his 2019 dismissal. The court found that BFM did not prove the allegations of misconduct, which included sexual harassment and other inappropriate behavior. Industrial Court chairman Pravin Kaur Jessy stated that the company had not met its burden of proof on the balance of probabilities.
The court found numerous shortcomings in BFM's case, including vague charges, lack of specific details, and insufficient testing of the allegations. Umapagan, who claimed he was dismissed without just cause, alleged the firing was made in bad faith, amounted to victimization, and constituted an unfair labor practice. BFM disputed his employment timeline, but the court accepted April 2014 as his start date. Umapagan was awarded RM51,200 for reinstatement and RM307,200 in back wages, totaling RM358,400.
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