Woh betide BN for wrongful dismissal
One of the six appointees to the Perak Pakatan Rakyat State Public Service Commission, who was sacked by the BN state government, has made an application to the Ipoh High Court for a judicial review for reinstatement or compensation of RM61,200.
One of the six appointees to the Perak Pakatan Rakyat State Public Service Commission, who was sacked by the BN state government, has made an application to the Ipoh High Court for a judicial review for reinstatement or compensation of RM61,200.
Former Kampar MP and former Jalong assemblyman Ngai Thiam Woh (
right
), 55, filed the application and sought a certificate of urgency through his law firm A Sivanesan & Co yesterday.
Ngai was appointed to the commission for a three-year period from Jan 1 2009 by the former Pakatan Rakyat state government. But his tenure of office commenced only on March 1 with a monthly allowance of RM1,700.
However, when the BN state took control of the state government, they terminated his appointment on June 30 without paying him the monthly allowance for the four months from March for rendering his services.
He is suing the BN state government for reinstatement or compensation of RM61,200 calculated at RM1,700 monthly for the 36 months of his contract.
"This is BN's way of doing things without due respect for the law and I'm suing for unlawful termination of my appointment," said Ngai.
The other five appointees of the commission are expected to file similar applications for judicial review next week.
After filing Ngai's application, Sivanesan told journalists that the appointments cannot be unilaterally revoked - both both parties must agree on this.
"This termination of the post is illegal as there was no issue of misconduct or breach of the conditions," said Sivanesan.
"This is an infringement of Article 5 of the federal constitution which guarantees the right to livelihood by every citizen."
Sivakumar lodges report
He cited a case in 1996 when Justice Gopal Sri Ram had made a decision over wrongful dismissal in Tan Tek Soon vs Johor Baru Education Commission .
Gopal had equated an employer terminating the services of an employee without just cause as amounting to economic suicide for the employee.
On another matter, Sivanesan and Pakatan-appointed speaker V Sivakumar (
right
) lodged a police report at the Ipoh police district headquarters, against state secretary Abdul Rahman Hashim and Ipoh CID chief Glenn Anthony for
refusing him entry
into the state secretariat yesterday to conduct an inquiry into the misconduct of BN-appointed speaker R Ganesan.
The police report was filed under Section 124 of the Penal Code.
This states: Whoever, with the intention of inducing or compelling or attempting to induce or compel an MP or any legislative assembly or of any state executive council member to exercise or refrain from exercising in any manner the lawful powers of such member, assaults or wrongfully restrains, or attempts wrongfully to restrain, such member shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to a fine.

