Airport operator heartless in sacking sick firefighter, rules KK Industrial Court
Published on: Thursday, August 08, 2024
By: FMT
.jpg "Airport operator heartless in sacking sick firefighter, rules KK Industrial Court")
The Industrial Court awarded Mohamed Mutok approximately RM91,000 in back wages after finding that Malaysia Airports Sdn Bhd had dismissed him without just cause of excuse. (Facebook pic)
PETALING JAYA: The Industrial Court in Kota Kinabalu, Sabah, said an airport operator had failed to demonstrate sympathy, understanding and compassion before dismissing a former firefighter said to be medically unfit.
Ruling that the dismissal was without just cause or excuse, Industrial Court chairman Indra Ayub said Malaysia Airports Sdn Bhd had also failed to sufficiently consult the claimant, Mohamed Mutok, on his medical condition.
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He said the company had dismissed Mohamed without setting up a medical board to obtain advice.
"It acted arbitrarily in dismissing the claimant by referring only to the medical report of Dr Rusdi Judda (a doctor from a private clinic)," he said in awarding Mohamed about RM91,000 in back wages.
The claimant was 17 months short of his retirement age when his services were terminated on Oct 19, 2020.
In a 32-page award released last week, the court held that the claimant was not entitled to compensation in lieu of reinstatement as he had passed the retirement age of 60 when the matter came to trial and was not capable of being reinstated to his position.
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However, Indra ordered that the company pay Mohamed interest on the awarded sum at 8% per annum from Sept 1, 2024 until full and final settlement.
He said it was trite law that employers were required to give employees sufficient time to recover, especially in this case which involved an employee who had served the company for over 38 years.
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Indra said the company was expected to treat the claimant well, especially given his medical issues, noting that Mohamed’s strenuous daily work routine may have taken a physical toll on him.
However, he found that the company had not only discriminated against Mohamed but also victimised him because of his health issues.
“It seems that he was considered as no longer relevant to the company. It perfectly reminds us of an evergreen Malay proverb: ‘Habis madu sepah di buang’ (which refers to the act of discarding someone no longer considered useful)."
The facts of the case showed that a medical screening report issued by the company’s panel clinic revealed Mohamed was unable to perform his duties as a firefighter in the company’s Airport Fire Rescue Services unit.
Mohamed said the company’s failure to convene its medical board had denied him the opportunity of securing a second opinion about his illnesses and his ability to continue working.
On June 19, 2020, the company instructed the claimant to apply for an invalidity pension from the Social Security Organisation (Socso) which was declined after Socso’s medical board found he was not suffering from any invalidity.
Mohamed was then selected by the company to undertake a medical examination because he was 58 and due to his medical history of comorbidities.
The claimant went for a medical examination on Oct 10, 2020 and a doctor from Klinik Ruslan Amin in Lahad Datu, Sabah, suggested that Mohamed be considered for early cessation of employment.
Based on the medical report, the company decided to dismiss Mohamed, a member of Kesatuan Pekerja-Pekerja Malaysia Airports Sabah & Labuan, under Article 31 of a collective agreement.
The agreement also provided that an employee may be subjected to retirement only after being referred to a medical board set up by the company.
Margaret Chin and Jessie Wong of the Malaysian Trades Union Congress represented Mohamed while Ngu Khet Ying and Hwa Yunn Hui appeared for the company.
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