PETALING JAYA: AirAsia Berhad was recently ordered to pay back its former pilot RM268,620 in compensation and back wages for constructive dismissal.
The New Straits Times reported the former pilot, Eric Koh Kim Lai, began working with AirAsia in July 2018 until 2022 where he was laid off by the airline due to the Covid-19 pandemic.
Industrial Court chairman S. Vanithamany awarded Koh’s compensation last Thursday (Nov 7).
During this period of time, AirAsia reportedly cut his basic income by 75%, citing reasons such as “grounded flights caused by border restrictions”, as quoted.
Not only that, Koh was not paid his salary for 11 months which the company admitted from June 2020.
ALSO READ: IT engineer unfairly dismissed in 2022 after recovering from Covid-19 awarded RM324,900 in lawsuit
The Industrial Court ruled the airliner’s actions of deducting an employee’s salary and putting him on unpaid leave for an “indefinite period”, as quoted, as an unfair labour practice.
However, the airline company argued that Koh had voluntarily resigned from his position.
“The claimant did not decide to leave the employment for any other reason but for those stated above.
“Employment is part of the livelihood for a person. If an employee decides to leave the company for unfair treatment, oppression or victimisation, that employee needs time to consider his decision as it might affect his livelihood and commitment,“ Vanithamany was quoted as saying.
She added that Koh resigned from the company two weeks from the date of the “town hall meeting”, as quoted.
ALSO READ: 17 former private college lecturers awarded RM1.4m for unfair dismissal
The company, according to Vanithamany, also failed to provide the reason why the furlough was implemented thrice and why Koh’s salary was cut down to 30%, together with unpaid leaves.
She also mentioned that Koh submitted his resignation because of the conduct of the company, based on the “balance of probabilities”, as quoted, he proved.
