Former chairperson of Utusan Melayu (Malaysia) Bhd (UMMB) chapter of the National Union of Journalist (NUJ), Amran Ahmad, failed to challenge the decision of the Industrial Court on his wrongful dismissal for issuing a defamatory statement against the management of publishing company.

High Court judge Azizah Nawawi rejected the judicial review application filed by Amran, 41, after finding no merit in the application.

Amran, who was represented by counsel Tan Cheng Leong, was ordered to pay RM3,000 as cost to UMMB.

In her judgment, the judge said the court found no basis to overturn the factual findings of the Industrial Court and found it was wrong to defame the employer in which the applicant could be dismissed.

Justice Azizah said the misconduct complained by the respondents arose from the publication of a defamatory statement against the company published in Harakah Daily and Malaysiakini, and the Industrial Court had found that the applicant's statement was defamatory and the article could affect the reputation of the company.

She said, therefore, the Industrial Court had ruled that the applicant's statement was not a trade dispute and it was disciplinary action against him as an employee and not his capacity as chairperson of NUJ.

Amran, filed the judicial review application on Jan 12 by naming UMMB and the Malaysian Industrial Court as respondents for his dismissal on Sept 3, 2009.

Amran, who worked with UMMB as a cadet journalist on July 1, 2001, complained his dismissal by the company to the Department of Industrial Relations and on Sept 20, 2009, the human resource minister referred the case to the Industrial Court which subsequently made a decision on Oct 20, 2017.

Prior to his dismissal, Amran was given a show-cause letter and an internal investigation was conducted on three counts of misconduct for issuing statements defamatory the company's management through three articles published by Malaysiakini and Harakah Daily on the issue of "goal posts" and renovation of the Penang branch office.

In the application, Amran sought a court order to cancel the Industrial Court decision besides applying for a declaration that his sacking by UMMB was done without just cause and justification.

The applicant is also claiming an award for outstanding salary and compensation deemed appropriate by the court.

Amran filed the application on the grounds that the chairperson of the Industrial Court, Siti Salwa Musa, had erred when deciding he had committed a serious misconduct and his dismissal from the publishing company was fair or justified.

Amran said the Industrial Court in its decision found that his statements published in Malaysiakini and Harakah Daily in 2009 were false and defamed UMMB and the allegations against him were thus proven.

- Bernama