KUALA LUMPUR: An Industrial Court has granted a former assistant office administrator RM66,000 in compensation for constructive dismissal. The court found that her employer had engaged in a sequence of acts intended to prevent her from working while she was pregnant.
Bru-Haas Sdn Bhd, a firm that sells electrical, electronic, and telecommunications devices, allegedly developed specific strategies and ways to oust Choong Siew Fong from her job, according to court chairman Augustine Anthony.
“Unfortunately, it was against an employee who was struggling with the worry of contracting Covid-19 and how that infection might impact her unborn child if it ever occurred,“ he explained.
According to FMT, he said that if Choong had yielded to the corporation’s pressure, the employer would have been allowed to terminate her employment contract without firing her outright.
In his 41-page ruling, which was made public earlier this month, Anthony stated, “This kind of indirect tactics used by companies to drive employees out of employment gives rise to a claim of constructive dismissal.”
According to the evidence, he stated, it was evident that the corporation had behaved in a way that could only be interpreted as a betrayal of Choong’s and the employer’s mutual confidence.
Despite receiving a letter from Choong’s attorneys dated September 24, 2021, Anthony claimed the corporation did not address the violations of the key conditions of the contract.
As to the ruling of the court chairman, Choong was right to argue that she had been constructively terminated when she left her employment on October 1, 2021, knowing that the corporation was not ready to address the violations.
According to Anthony, the business betrayed its previous guarantee that Choong may work from home throughout her pregnancy.
He claimed that after that, against the recommendation of her physician, the corporation had her work in the office.
The court concluded that the company’s following behavior, which included pressing her to quit by producing her final pay check and a termination letter for her without a thorough conversation, was extremely unacceptable.
Choong began working on July 1, 2019, and her last drew monthly compensation was RM6,000.
Anthony stated that because Choong had obtained another work, restoration to her old position in the corporation was not an appropriate remedy.
He granted the claimant RM54,000 in back pay and an additional RM12,000 in compensation in lieu of reinstatement.
Lawyers Iris Lim and Chang Carrie represented the claimant, while Sarita Ashok Khandar and Vimalan Ramanathan represented Bru-Haas.
