US govt wins judicial review on security guard’s sacking
The Kuala Lumpur High Court orders L Subramaniam to pay the US government RM8,000 in costs.
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KUALA LUMPUR: The High Court has allowed a judicial review application brought by the US government and quashed an Industrial Court award for RM66,000 made in favour of a former US embassy security guard for his dismissal from employment 15 years ago.
In a decision handed down via email to the parties, Justice Amarjeet Singh issued a declaration that the Industrial Court did not have jurisdiction of the US government.
Amerjeet also held that L Subramaniam’s termination from employment for misconduct was an internal matter, and ordered Subramaniam to pay the US government RM8,000 in costs.
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For all the Yankee haters raving away - this isn't about the USA.
ReplyDeleteIt's about the Vienna Convention, which Malaysia is signatory to.
The Embassy's grounds , its operations, including it's employment of locals or foreigners are subject to the laws of that country , not Malaysia.
There are exceptions that the foreign country should respect, such as very serious crimes.
This particular case, which is a Labour dispute, does not fall into the category of "very serious crimes".
It behoves Malaysia to respect the Vienna Convention, because Malaysia also operates Embassies and High Commissions in many countries, and in many cases also employs local country staff to fill non-essential jobs and also some Specialist positions.
A question - dies the Vienna convention CLEARLY distinguished universal values - especially those of the common humanity dictates - as variation inputs of each signatory nations?
DeleteObviously u DON'T know but just fart!