Court upholds RM402,000 payout to former HR manager

In a unanimous decision, the Court of Appeal has upheld a previous ruling that Tasek Corporation Bhd's termination of its former human resources manager was not a genuine case of redundancy. The three-judge panel dismissed the company's appeal and ordered it to pay RM30,000 in costs.

Justice Azizul Azmi Adnan, along with Justices Ong Chee Kwan and Radzi Harun, ruled that Tasek had not demonstrated that Cha Poh Onn's position had genuinely become redundant. Cha was terminated in 2018, following Tasek's claim that his position had become redundant, although he maintained that his HR responsibilities continued to be fulfilled by other employees after his dismissal.

The High Court previously found Tasek had failed to prove redundancy, labeling the termination as mala fide. This decision effectively removed Cha while his duties were still being performed by others. The High Court allowed Cha's judicial review application, overturned the Industrial Court's award, and sent the case back to the Industrial Court to determine the appropriate compensation for Cha.

After the remittal, the Industrial Court awarded Cha RM402,172.46. Tasek then appealed the High Court's decision, but the Court of Appeal's dismissal of the appeal preserves the earlier findings and compensation award. Tasek may challenge the ruling further by appealing to the Federal Court, provided they secure leave to do so. Neoh Jian Kiat and Daphne Aw represented Tasek, while S Raam Kumar and Norleena Jamal acted for Cha.