Ex-Unisel lecturer wins final appeal over constructive dismissal

In a significant ruling, the Court of Appeal has declared that Siti Asmahan Ali, a former senior lecturer at Universiti Selangor (Unisel), was constructively dismissed following her demotion and salary reduction. The majority decision of 2-1 held that the company's cumulative conduct amounted to a fundamental breach of her employment contract.

Justice Faizah Jamaludin, delivering the majority judgment, emphasized that Siti Asmahan bore the burden of proving her constructive dismissal. The dissenting Justice Radzi Abdul Hamid disagreed with the majority's findings. The Court overturned earlier decisions made by the Industrial Court and High Court, emphasizing that the employer's actions constituted a breach of the employment contract.

Siti Asmahan had been a lecturer in the Faculty of Industrial Management since 2001 and had been promoted to senior lecturer in 2007. After nearly two decades of service, she faced a domestic inquiry in late 2020 over a message allegedly posted in an informal staff WhatsApp group. The inquiry found her guilty and demoted her from senior lecturer to lecturer (Grade DS45), resulting in a salary reduction.

Siti Asmahan contended that the disciplinary process was unfair, and the university's conduct indicated it no longer intended to uphold the terms of her employment contract. She alleged that five witnesses provided evidence against her without her presence, and she was denied a meaningful opportunity to present her case during the internal appeal.

Additionally, Siti Asmahan accused the same individuals responsible for the punishment from deciding her appeal. Consequently, she treated her dismissal as constructive and lodged representations under Section 20 of the Industrial Relations Act 1967.