Tajudin Ramli's sister-in-law, Rizana Mohd Daud has been awarded 36 months' wages by the Kuala Lumpur High Court today, allowing  the cessation of her employment, after her 2005 resignation from Naluri Corporation Bhd.

The decision was made by Justice VT Singham, who said the court allowed her claim based on her contract stipulations and not because of her relatives in the company.

"The facts that the plaintiff is the wife of one of the company's staff, and her brother-in-law (is the defendant) are of no relevance in enforcing the terms and conditions of her employment contract which had been agreed to between the plaintiff and the defendant as employer and employee.

"There were no complaints from the management, the company’s previous board of directors, or Danaharta (which took over Naluri) or even the new board of any misconduct or any breach of the terms of the contract of employment.

“It is when Rizana filed the claim the board despite the fact it is a public listed company, woke up from their seat and as an afterthought and as a desperate attempt unlawfully denied the plaintiff’s claim of compensation and decided to contest it by raising as many defences,” he said.

Justice Singham added Pengurusan Danaharta Nasional Bhd took over control of Naluri between Dec 2002 and Dec 2004, but there was no objection or contest from them.

The new board did not raise any objection or contest her position or salary paid to her.

Contract of employment

Justice Singham, however, said the 36 months' salary of RM20,000 a month and other emoluments claimed would be assessed by the court.

Rizana, who filed her claim last year, had demanded RM1.47 million as compensation from Naluri.

She is married to Bistaman Ramli, who is Tajudin's brother.

Rizana was employed as head of the legal and secretarial division of Naluri Bhd since 2002 and resigned in January 2005, giving three months' notice.

It is claimed that she does not possess the legal qualifications to head the legal and secretarial division of the company.

She entered the company where she drew her own contract instructing her lawyers to include clause 18, where should she leave the company via termination, resignation or change of board of directors, she will be entitled to the 36 months wages.

This case gives an insight over how a company held under Tajudin was run.

Tajudin, of course, was Malaysia Airlines chairperson from 1994 and 2001.

He had settled a slew of suits filed by various government-linked corporations on him and withdrew appeal of his RM13 billion counter-claim.

However, the terms of the settlement made last month with the GLCs, including a KL High Court decision in 2009 requiring Tajudin to pay RM589 million to Danaharta, were never publicly disclosed.

Difficulty in dispensing justice

Justice Singham in his judgment also quoted a passage from Lord Chief Justice of England and Wales Igor Judge during the legal year of 2008.

"As judges we have to be fair and open minded and balanced, independent in spirit, courages to do what is right even when it will be unpopular - whether with politicians, the executive or the media.

"Decisions have to be made. There is no way in which a judge can avoid making decisions.

"Moreover many of them have to be made when as a judge you know that they may be heavily criticised in the media, while you as a judge must live with your judicial conscience and you must do right in the face of any potential public criticism, even though this may be disturbing not only to yourself but perhaps more importantly to your spouse and family," Justice Singham quoted.

Following this, the judge said that based on the facts and circumstances, the court finds the plaintiff has succeeded to demonstrate and establish her claim on the balance of probabilities.

Justice Singham also allowed costs and interests.

Naluri was represented by Ben Chan, while KM Chan appeared for Rizana.