Ex-structural supervisor awarded RM254k for unfair dismissal

Summary

• Ex-structural supervisor awarded RM254,273 over alleged unfair dismissal less than halfway into his two-year plus employment contract.

• Claimant Azman Isa was purportedly prematurely let go on Dec 12, 2020, from working on the Long Son Petrochemical project in Vietnam.

A former structural supervisor was awarded RM254,273 over his alleged unfair dismissal four years ago.

The Ipoh Industrial Court allowed Azman Isa’s claim against Technip Geoproduction (M) Sdn Bhd linked to the Long Son Petrochemical Project in Vietnam.

It should be noted that the engineering firm’s lawyers from T Siva & Co have the right to file an action before the High Court (Appellate and Special Powers) to nullify the Industrial Court ruling.

Azman’s counsel Bhavanash Sharma confirmed the ruling delivered by Ipoh Industrial Court chairperson Zulhelmy Hasan on Jan 8.

Landmark ruling

The lawyer said the ruling is a landmark one involving his client’s protracted legal battle over the alleged premature termination of the employment contract on Dec 12, 2020.

Bhavanash said the case revolved around Azman’s fixed-term contract as a structural supervisor of the project in Vietnam, where he was employed through a Vietnamese agency, Minh Viet Co Ltd.

The lawyer noted that despite the involvement of the agency, the Industrial Court found substantial evidence that Technip Geoproduction exercised significant control over Azman’s employment, rendering the firm responsible for the alleged unjust dismissal.

Bhavanash said Zulhelmy’s ruling underscores the responsibility of employers to adhere to fair labour practices and honour contractual agreements.

He said Zulhelmy highlighted Azman was denied a fair opportunity to address the company’s allegations against him.

Among these allegations are lack of performance, lack of reporting, and lack of communication skills.

“This award is a significant victory not just for our client but for employees across Malaysia who may find themselves facing similar unjust treatment.

“The ruling reinforces the importance of employer accountability and the need to uphold the rights of workers in all employment relationships,” Bhavanash said in a media statement.

The Industrial Court compensation is for the remaining period of Azman's fixed-term contract.

Azman applied to the company for the posting in May 2020 and was hired as a structural supervisor for the Long Son Ward project until July 31, 2022.

Ex-security guard reaches out-of-court settlement with US Embassy

Industrial Court castigates firm for using race card to dismiss employee

Sacked HRD Corp COO claims he was blocked from warning minister

Review laws giving foreign embassies immunity - PSM

Unfair dismissal: Court upholds RM471k award to ex-bank manager