Wrong to fire workers over private rants, court rules in AirAsia case

The Industrial Court ruled on Oct 30 last week that AirAsia Berhad was wrong to dismiss an employee for venting about his work frustrations and calling executives idiots in private social media posts.

The court then ordered the company to pay RM31,920 to the former flight attendant, Hyffny Yusof, for wrongful dismissal over the Instagram and Facebook posts. 

Court chairperson Pravin Kaur Jessy ruled that the company had failed to show how Hyffny’s remarks had harmed the airline and found the sacking unfair to the former employee.

“When considered against the totality of evidence, the company has failed to demonstrate that the claimant’s conduct caused reputational harm, breached confidentiality, or undermined the relationship of trust and confidence.

“To dismiss an employee for a private moment of frustration, devoid of public harm, is to punish beyond the limits of fairness and humanity,” Pravin said in a written judgment Malaysiakini sighted.

In Hyffny’s social media posts, the former steward had complained about being stranded at the airport for more than 12 hours on duty,  where he had also alluded to the company’s negligence of staff wellbeing.

“Signed on yesterday at 0634. Stranded at airport for more than 12 hours, back to base near 0230… None of the so-called execs (idiots to me) called and checked on our situation!

“We had to call and inform them of our situation… No hotel given to us except to stay at the airport lounge, and food was provided after our captain fought for us… kudos AirAsia… Fatigue is not even qualified to describe as!” read his Instagram and Facebook posts, quoted in the court judgment.

Hyffny was then been suspended from duty without warning and reprimanded by the airline. He later lodged a police report against the company, alleging unauthorised access and misuse of his private social media posts, shortly before being terminated in February 2023. 

The former flight attendant had insisted that his social media posts were limited to personal use amongst close friends and family members, and that they had not been available to the public. 

“I was surprised that my personal online postings were also screen-grabbed by someone unknown to me and that material is now being used against me…

“There are many awkward postings and comments posted on social media daily by other staff, but I am surprised why I have been singled out amongst others,” he said.

Misconduct, not dismissible offence

The court eventually ruled that a dismissal is warranted only when misconduct destroys the bond of trust, and that in Hyffny’s case, no such destruction had been proven.

“The claimant’s post, though ill-advised, reflected a transient lapse of discretion, not an act of defiance.

“While (their) words were intemperate, the postings were primarily true, made privately, without public dissemination or harm to the company’s reputation.

“While the posting was not malicious or defamatory, the language used was regrettable and deserving of censure.

“The court therefore regards the claimant’s conduct as constituting contributory misconduct, but not a dismissible offence,” the chairperson, Pravin, said in her judgment. 

Further, she explained how employers, despite being legally entitled to protect their image and preserve discipline, should nevertheless also respect employees’ constitutional freedoms and personal integrity.

Hyffny had been represented by Ismail Nasaruddin from the National Union of Flight Attendants Malaysia, while the defendant had been represented by Sebastian Tay Hanxin and Rebecca Sonali Alfred from Messrs T Thavalingam & Co.

AirAsia was ordered to pay RM31,920, representing back wages and compensation in lieu of reinstatement, within 30 days, with interest of eight percent per annum if unpaid thereafter.

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