A former senior lecturer at Universiti Selangor (Unisel) has won her final appeal after the Court of Appeal ruled that she was constructively dismissed following her demotion and a cut in her salary over alleged misconduct.
In a 2-1 majority decision, the court held that the cumulative conduct of Pendidikan Industri YS Sdn Bhd, the company that runs the university, amounted to a fundamental breach of Siti Asmahan Ali’s employment contract. Justice Faizah Jamaludin delivered the majority judgment, with Justice Ahmad Shahrir Mohd Salleh concurring and Justice Radzi Abdul Hamid dissenting.
Siti Asmahan joined Unisel as a lecturer in 2001 and was promoted to senior lecturer in 2007. In late 2020, after nearly 20 years at the university, she faced a domestic inquiry over a message she posted in an informal staff WhatsApp group. The panel found the charges proven and demoted her to lecturer with a matching pay cut, and her internal appeal was dismissed.
She said the process was unfair, complaining that five witnesses gave evidence against her in her absence, that she had no real chance to present her case in the internal appeal, and that the same people who punished her also decided her appeal. She treated herself as constructively dismissed and filed a claim under Section 20 of the Industrial Relations Act 1967.
Faizah said that although the university was entitled to demote her, the punishment had to be proportionate, and taking away her senior rank and cutting her pay was severe. The majority also found that she was repeatedly told to remain silent during the disciplinary process, and that both the Industrial Court and the High Court had failed to consider the cumulative effect of the employer’s conduct.
The court set aside the earlier decisions of the Industrial Court and the High Court and sent the case back to the Industrial Court to assess her compensation, including backwages and compensation in lieu of reinstatement. The company was also ordered to pay RM50,000 in costs.
This article is general information, not legal advice. For advice on your own situation, speak to a lawyer.