Mahkamah kekal pemecatan pengurus berhubung tunggakan sewa RM2.52 juta

The Companies Court has upheld Encorp Must Sdn Bhd's decision to dismiss former assistant director Hairizal Hosman, who was fired two years ago for misconduct. The court found strong reasons for dismissing the senior sales, marketing, and leasing employee due to his failure to ensure tenants had proper lease agreements and not taking appropriate action to recover RM2.52 million in unpaid rent, according to the Companies Court.

The chairman of the Companies Court, Andersen Ong, rejected Hairizal's claim that his position removal prevented the company from taking disciplinary action. The court reviewed evidence, including Hairizal's admission and a mini-audit, which showed he had failed in his fiduciary duties. Despite Hairizal serving a three-month notice, the company refused it and continued with the disciplinary proceedings.

Ong stated that notice of dismissal does not automatically terminate employment relationship, as the employment contract and rights and obligations of both parties remain in force until the notice period ends. The court also found no legal impediment that would prevent Hairizal from answering the company's questions, even though he claimed to have received legal advice and the Malaysian Anti-Corruption Commission (MACC) investigation is ongoing.

The court concluded that Hairizal's failure to perform his duties demonstrated the company's exposure to significant contract and financial losses, with the unpaid rent exceeding RM2.52 million. Ong concluded that the proven misconduct was serious enough to warrant dismissal. Hairizal was represented by Muis Majid and Mastura Mustafa, while Encorp Must Sdn Bhd was represented by Edward Andrew Saw and Kee Shu Min.