Mahkamah Rayuan kekal award RM472,000 kes pemecatan salah

The three-member panel of the High Court Appeal Court has upheld the High Court's decision, affirming that former production manager V Rajkumar was still an employee of his company, in addition to ruling that his dismissal was unjust. With a 2-1 majority, led by Judge Azhahari Kamal Ramli, the panel maintained the High Court's award of RM492,000 in compensatory damages, comprising 24 months of salary and a daily allowance, for V Rajkumar.

However, the final amount payable amounts to RM472,000 after deducting RM20,000. The panel also allowed Suntech Engineering Korea Co Ltd to appeal against the punitive fine of RM50,000 previously imposed, which was dismissed. During the judgment reading, Judge Azhahari stated that V Rajkumar's allegations regarding the inability of management to cross-examine material witnesses were unsubstantiated.

The company was also found to have failed to call relevant witnesses for testimony, and the evidence presented was deemed sufficient to prove the employer's liability. The dispute arose after V Rajkumar, appointed as production manager in May 2019 with a monthly salary of RM20,000 plus RM500 for petrol, was barred from entering the Lumut refinery on October 1, 2019.

He subsequently filed a wrongful termination claim under the Companies and Allied Matters Act 1967. The High Court dismissed his claim in August 2024, ruling that he had failed to prove the existence of an employment relationship with the company. V Rajkumar successfully appealed this decision through a petition for judicial review, which saw the High Court overturn the ruling last year.

V Rajkumar passed away four months ago when the company's appeal against the High Court's decision was still pending. V Prema Devi, subsequently appointed to continue the proceedings on his behalf, was represented by lawyers R Jayabalan and S Siva Nantha, while Donovan Cheah and Ilyssa Jace Chakrabarty argued for the company.