Array
(
    [_edit_lock] => Array
        (
            [0] => 1711955723:30
        )

    [tdc_dirty_content] => Array
        (
            [0] => 1
        )

    [tdc_icon_fonts] => Array
        (
            [0] => a:0:{}
        )

    [post_views_count] => Array
        (
            [0] => 373
        )

    [_thumbnail_id] => Array
        (
            [0] => 183643
        )

    [_edit_last] => Array
        (
            [0] => 30
        )

    [_post_language] => Array
        (
            [0] => English
        )

    [_molongui_author] => Array
        (
            [0] => guest-97702
        )

    [_molongui_main_author] => Array
        (
            [0] => guest-97702
        )

    [td_post_theme_settings] => Array
        (
            [0] => a:1:{s:11:"td_subtitle";s:83:"Judge says applicant has immunity, protected from Industrial Court’s jurisdiction";}
        )

    [_yoast_wpseo_primary_category] => Array
        (
            [0] => 599
        )

    [_yoast_wpseo_focuskw] => Array
        (
            [0] => US Embassy
        )

    [_yoast_wpseo_metadesc] => Array
        (
            [0] => The high court today allowed a judicial review application filed by the US government to annul an award given by the Industrial Court to a former security guard for wrongful dismissal. 
        )

    [_yoast_wpseo_linkdex] => Array
        (
            [0] => 56
        )

    [_yoast_wpseo_content_score] => Array
        (
            [0] => 30
        )

    [_yoast_wpseo_estimated-reading-time-minutes] => Array
        (
            [0] => 2
        )

    [_yoast_wpseo_wordproof_timestamp] => Array
        (
            [0] => 
        )

    [post_views_count_7_day_arr] => Array
        (
            [0] => a:7:{i:0;a:3:{s:4:"date";s:10:"1749504672";s:5:"count";i:1;s:14:"per_hour_count";a:1:{i:21;i:1;}}i:1;a:2:{s:4:"date";i:0;s:5:"count";i:0;}i:2;a:2:{s:4:"date";i:0;s:5:"count";i:0;}i:3;a:2:{s:4:"date";i:0;s:5:"count";i:0;}i:4;a:3:{s:4:"date";s:10:"1749203516";s:5:"count";i:1;s:14:"per_hour_count";a:1:{i:9;i:1;}}i:5;a:2:{s:4:"date";i:0;s:5:"count";i:0;}i:6;a:2:{s:4:"date";i:0;s:5:"count";i:0;}}
        )

    [post_view_7days_last_day] => Array
        (
            [0] => 0
        )

    [post_views_count_7_day_last_date] => Array
        (
            [0] => 1749504672
        )

    [post_views_count_7_day_total] => Array
        (
            [0] => 2
        )

    [post_views_last_24_hours] => Array
        (
            [0] => 1
        )

    [post_views_last_48_hours] => Array
        (
            [0] => 1
        )

)
Guard’s wrongful dismissal: court allows US Embassy's judicial review to annul RM66,000 award | Scoop
The US governments’s judicial review application to annul a RM66,000 award given by the Industrial Court to a former security guard at the US Embassy here for wrongful dismissal has been allowed. – Abdul Razak Latif/Scoop pic, April 1, 2024
News

Guard’s wrongful dismissal: court allows US Embassy’s judicial review to annul RM66,000 award

Judge says applicant has immunity, protected from Industrial Court’s jurisdiction

Bernama
Updated
3:15 PM MYT

 

KUALA LUMPUR – The high court today allowed a judicial review application filed by the United States government to annul a RM66,000 award given by the Industrial Court to a former security guard at the US Embassy here for wrongful dismissal. 

Judge Datuk Amarjeet Singh, in allowing the application, said the court found the applicant (the US government) and its embassy have immunity and are protected from the Industrial Court’s jurisdiction.

This is referring to the claim by former security guard L. Subramaniam under Section 20 (3) of the Industrial Relations Act 1967. 

“Therefore, the court allows the judicial review. The second respondent (Subramaniam) has to pay costs of RM8,000,” said the judge in a decision delivered via email. 

Lawyers Lim Heng Seng and Summer Chong Yue Han represented the US government. Meanwhile, Subramaniam was represented by lawyer Ragunath Kesavan, and senior federal counsel Liew Horng Bin represented the attorney-general as amicus curiae or friend of the court. 

The US government filed the application on August 9 last year, naming the Industrial Court and Subramaniam as the first and second respondents. 

It sought an order for the high court to annul the award given by the Industrial Court in 2023 to Subramaniam. 

The US government also sought a court order that Subramaniam’s dismissal for internal disciplinary misconduct was within the embassy.

It said that the country and its embassy are protected by immunity from the jurisdiction of the Industrial Court concerning claims under Section 20(3) of the Industrial Relations Act 1967. 

On January 8, 2020, the high court ruled that the US government and its embassy were protected by immunity and prohibited the Industrial Court from adjudicating Subramaniam’s unlawful dismissal claim case. 

However, in 2021, the Court of Appeal overturned the high court’s decision and ordered the Industrial Court to proceed with hearing the dispute. This prompted the US government to bring the matter up to the Federal Court, but the appeal was rejected. 

On April 27 last year, the Industrial Court ordered the US Embassy to pay RM66,000 to Subramaniam after finding that he was unlawfully dismissed.  

Subramaniam had been a security guard at the embassy for more than 10 years before he was terminated in 2008. 

Subramaniam claimed that he was merely performing auxiliary duties at the embassy and was not involved in the diplomatic functions or governmental decisions of the United States. 

He also contended that he had no access to confidential information or documents relating to the embassy or the US government. – April 1, 2024

Topics

 

◉ Popular

From player to mentor: Wee Wern calls time on glittering squash career, takes on coaching challenge

A desire to impart her years of experience to the younger generation has seen former world number five squash player Low Wee Wern make the tough decision to hang up her racquet.

Duck and cover? FashionValet bought Vivy’s 30 Maple for RM95 mil in 2018

Purchase of Duck's holding company which appears to be owned wholly by Datin Vivy Yusof and husband Datuk Fadzarudin Shah Anuar was made same year GLICs invested RM47 mil

No forced eviction of Pasir Panjang Ulu farmers, process was legal: Perak MB

Datuk Seri Saarani Mohamad said the process was carried out legally, adding that MB Inc held a series of direct negotiations with the farm operators since 2021, in addition to offering ex-gratia at a reasonable rate. 

◉ Related

Copyright © 2023. All rights reserved.