MAHB wrong to dismiss
staff for profanity used on
superior, says court
The High Court upheld the Industrial Court’s ruling that although the employee had committed a misconduct, the punishment of dismissal was disproportionate.
Dismissing MAHB’s application to set aside the award handed down in May this year, Justice Quay Chew Soon held that Hanis Naz Azniza Hamzah had misconducted herself, but said her dismissal was not warranted due to the presence of several mitigating factors.
He said the Industrial Court’s award, which favoured the aviation security assistant, was not tainted with illegality or impropriety.
Acknowledging the existence of animosity between Hanis and her superior, Asmiza Sudin, the judge said it was Asmiza’s provocation and belittlement of Hanis that led to the misconduct.
Quay said given the remorse expressed by Hanis and her unblemished service record, the punishment meted out by MAHB was disproportionate to the misconduct committed.
Therefore, he said, the Industrial Court was justified in awarding Hanis RM48,470, after deducting 40% from the total sum awarded on account of the misconduct.
MAHB sacked Hanis in June 2020, saying her foul-mouthed volley at Asmiza, made in the Malay language, amounted to insubordination. The employer also claimed Hanis’s act of pushing Asmiza during the ensuing altercation amounted to an assault and was a serious misconduct.
However, the Industrial Court ruled that the isolated use of profanity by Hanis during the heated exchange with her superior was insufficient to warrant her dismissal, noting also that Asmiza had not suffered any bodily injury.
Chairman Jeyaseelan Anthony said that while Hanis’s use of foul language amounted to misconduct, the punishment of dismissal meted out was unduly harsh.
Quoting Lord Maugham from a Privy Council case dating back to 1937, Anthony said the court must apply “the standards of men, and not of angels”, and “remember that men are apt to show temper when reprimanded”.
Hanis was represented by Habib Rahman Seeni Mohideen and Hafiz Tajuddin while Thye Yong Wei appeared for MAHB.
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kt remarks:
If I had heard or knew of this judge I would have frigg one of my ex-Boss kau-kau for his racist provocations and professional 'know-nothing-but know-best-also-pandai-ponteng' mentality 😂😂😂
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