Ex-Unisel lecturer wins final appeal over constructive dismissal

In a significant legal victory, former Universiti Selangor (Unisel) senior lecturer Siti Asmahan Ali has successfully overturned her constructive dismissal case. The Court of Appeal ruled that the cumulative actions of the company operating Unisel constituted a fundamental breach of her employment contract. This decision overturned previous rulings from the Industrial Court and High Court.

Siti Asmahan, who had served at Unisel for nearly two decades before her demotion and salary cut in late 2020, argued that the disciplinary process was unfair. She contended that five witnesses provided evidence against her in her absence, and she was denied a fair chance to present her side during the internal appeal. The ex-lecturer also claimed that the same individuals who imposed the punishment were involved in deciding her appeal, rendering the process unjust.

The Court of Appeal, in a 2-1 majority decision, agreed with Siti Asmahan that the employer's conduct had to be assessed objectively and cumulatively. They found her treatment to be severe, as it stripped her of her senior academic rank and reduced her salary. The judges rejected the company's argument that any faults in the disciplinary process had been rectified by a separate misconduct hearing.

They emphasized that the Industrial Court had failed to consider the overall impact of the employer's actions in determining if a fundamental breach of her contract had occurred.

The case, which was initially brought by Siti Asmahan under Section 20 of the Industrial Relations Act 1967, now returns to the Industrial Court to calculate her compensation. This includes backwages and compensation in lieu of reinstatement. The company was additionally ordered to pay RM50,000 in costs.