Mahkamah kekal pampasan RM402,000 kepada bekas pengurus sumber manusia

The three-member panel of the Federal Court unanimously dismissed Tasek Corporation Bhd's appeal and ordered the company to pay costs amounting to RM30,000. The Federal Court upheld the decision that the dismissal of former human resources officer Cha Poh Onn was not a fair dismissal due to redundancy. Cha was dismissed in 2018 after Tasek alleged his position was no longer necessary.

However, he argued that his human resources function continued to be performed by other staff after his dismissal. Last year, the Court of Appeal ruled that Tasek failed to prove the existence of excess manpower and the dismissal was done with a wrongful intent, which was used to remove Cha while his duties still continued. The Court of Appeal allowed Cha's application for judicial review, overturned the company's award and returned the matter to the Company Court to determine the compensation amount payable to him.

After the matter was returned, the Company Court awarded Cha RM402,172.46. Tasek then appealed to the High Court, but the rejection of the appeal by the Federal Court means the earlier court's judgment and the compensation award remain valid. Tasek can appeal to the Federal Court, subject to the validity of the appeal obtained. Neoh Jian Kiat and Daphne Aw represented Tasek, while S Raam Kumar and Norleena Jamal represented Cha.