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Airport staff’s dismissal unfair as employer condoned misconduct, rules court

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The Industrial Court says Malaysian Airports (Sepang) waived its right to punish Aminuddin Kamarudin by counselling him and allowing him to continue in employment.

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The Industrial Court awarded ex-flight security staff member Aminuddin Kamarudin RM36,363.60 in compensation after holding he was wrongfully dismissed by Malaysia Airports (Sepang) Sdn Bhd. (Facebook pic)

PETALING JAYA:
The Industrial Court has held that an employer was wrong to dismiss its employee on grounds of misconduct, after having condoned the act for which he was sanctioned.

Court chairman Jeyaseelen Anthony said Malaysia Airports (Sepang) Sdn Bhd should have taken immediate action to dismiss the claimant, Aminuddin Kamarudin, if it considered the misconduct to be of a serious nature.

Allowing the ex-flight security staff member’s complaint of unfair dismissal, Jayaseelan said the company instead took steps that condoned Aminuddin’s wrongful act.

“The company never suspended the claimant after having knowledge of the claimant’s admitted misconduct and elected to continue him in service,” he said in a 41-page award issued last week.

Jayaseelan also found that the company had taken other forms of “corrective action” by counselling Aminuddin and securing from him an undertaking not to violate its rules and regulations.

As regards the undertaking, Jayaseelan said:

“It is the court’s finding that the undertaking effected on the day of the incident between the company and the claimant falls squarely within the definition of condonation.

“The company as a consequence had waived its right to punish the claimant by dismissing him.”

Jeyaseelen also said there was no need for the company to have gone through the “rigmarole” of issuing Aminuddin with three letters seeking clarification over the incident.

Neither should it have placed him on a performance improvement plan (PIP) for three months, he added.

“The PIP was inextricably connected to the claimant’s act of misconduct. Consequently, the company is deemed to have condoned the misconduct of the claimant due to the favourable comments on his job performance,” the award read.

Those “favourable comments” also meant that Aminuddin had duly honoured his promise not to commit further acts of misconduct, Jeyaseelan said.

“Nevertheless, the company saw fit to terminate the services of the claimant,” he said.

Jeyaseelen awarded Aminuddin a net sum of RM36,363.60 in back wages and compensation in lieu of reinstatement, having deducted 30% of the total sum due on account of the claimant’s contributory misconduct.

The facts of the case revealed that Aminuddin had negligently released a female passenger without proper documentation at KLIA’s international departure hall checkpoint on Dec 7, 2019.

He was issued with a show cause letter five days later in which he was cited for breaching company regulations. Aminuddin duly replied admitting to being careless. He also apologised to the company for his error.

Despite this, Aminuddin was told that investigations into the incident would continue.

The company then issued him with three additional show cause letters dated July 8, Sept 15, and Nov 12, 2020.

He was eventually dismissed on March 10 the following year, purportedly on grounds that the company could no longer repose trust and confidence in him to carry out his duties.

For its part, the company claimed its investigations were affected by the Covid-19 lockdowns in place at the time.

It said Aminuddin had in the course of investigations into the incident admitted to being negligent and breaching the company’s standard operating procedures.

Following further clarifications sought from Aminuddin, the company eventually concluded that his misconduct was of an extremely serious nature as it compromised the safety and security of the KLIA airport.

The company also said his lapse was likely to give rise to legal ramifications, and dismissed him.

Aminuddin was represented by Sahul Hamid Hussain from the Malaysian Trades Union Congress.

The company was represented by Adam Thye.

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