US govt seeks review in ex-guard's unlawful dismissal case

Security guard L Subramaniam will have to wait for his compensation in an unlawful dismissal claim against the US Embassy in Kuala Lumpur after it filed for a judicial review.

According to Subramaniam's representative, S Arutchelvan, the US government applied for a judicial review on Aug 9 at the Kuala Lumpur High Court against the award given by the Industrial Court.

The leave application is fixed for hearing on Oct 3 before Judge Amarjeet Singh Serjit Singh.

"The US government has done it again.

“After losing to Subramaniam in the Court of Appeal on Feb 3, 2021, and the Federal Court on June 20, 2022, the Federal Court ruled in favour of Subramaniam by dismissing the US government’s appeal. It remitted the case to the Industrial Court.

"It seems the US government is running in circles and frustrating efforts by a security guard to get redress over his unlawful dismissal case. This case can be easily disposed of by paying the claimant what is due,” Arutchelvan said.

"Yet it seems the US government prefers to spend much more money in legal fees rather than resolving a long overdue case," the PSM deputy chairperson added.

On April 27 this year, Industrial Court chairperson Amrik Singh in a 62-page judgment concluded that sovereign immunity does not extend to this matter.

He decided that Subramaniam’s dismissal was without cause or excuse and ordered the US embassy to pay Subramaniam a sum of RM66,000 within 30 days from the date of the award.

Subramaniam who worked with the US embassy in Kuala Lumpur for more than 10 years, claimed his service was unfairly terminated in 2008.

He then filed a representation under Section 20 (1) of the Industrial Relations Act 1967, claiming his dismissal was without just cause and excuse, and sought reinstatement to his position as a security guard.

In April 2019, the then human resources minister M Kulasegaran referred the matter to the Industrial Court for dispute adjudication.

Immunity

The US government then filed a judicial review application in the High Court seeking, among others, to quash the then minister’s reference decision and a declaration that it and its embassy were immune from the jurisdiction of the Industrial Court.

On Jan 8, 2020, the High Court ruled that the US government and its embassy were protected by immunity and prohibited the Industrial Court from adjudicating Subramaniam’s unlawful dismissal claim case.

In 2021, the Court of Appeal overturned the High Court’s decision and ordered the Industrial Court to proceed with hearing the dispute, prompting the US government to bring the matter up to the Federal Court.

The Federal Court in June 2022 upheld the ruling of the Court of Appeal.

Arutchelvan previously claimed the US government had attempted to deny Subramaniam the right to hear his case in court on several occasions.

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