Astro cameraman awarded over RM474,000 for unfair dismissal

The Kuala Lumpur Industrial Court awarded Astro cameraman Chen Ken Tatt RM474,240 for being unfairly dismissed from his position. The ruling, handed down on October 27, stated that the company's decision to terminate Chen's employment was unjust. Chen had been working for Astro for 26 years with no disciplinary record prior to his dismissal on July 24, 2023.

The Industrial Court chairman, Augustine Anthony, ruled that the domestic inquiry panel had improperly placed the burden of proof on Chen to prove his innocence. Anthony criticized the panel for relying heavily on testimony from Astro's former head of intellectual property protection unit, Brendan Lopez Michael, and for creating an "unenviable and helpless state" for Chen and his family.

The panel's testimony included speculation about other individuals who may have been responsible for the illegal streaming, which the court deemed to be conjecture without any solid evidence.

Moreover, the court deemed the company's evidence of dark web searches to prove no third party was involved as inconclusive, as the witnesses could not explain how these searches were conducted. The court also noted that Astro did not perform forensic investigations on Chen's or his family's devices to establish a link between the illegal streaming and Chen himself.

Despite Astro's accusations, the court found that it had failed to provide any cogent evidence to prove that Chen had intentionally committed the illegal act of streaming or negligently caused the same. As a result, Chen was awarded back wages based on his last drawn salary of RM9,880 per month for 22 months, plus compensation in lieu of reinstatement equal to one month's wage for each year of service, totaling RM474,240.