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Wrongful dismissal: ex-US Embassy guard files appeal to reinstate RM66,000 award | Scoop
Former security guard L. Subramaniam has filed an appeal against the high court ruling to allow the US government and embassy’s judicial review nullifying a RM66,000 award from the Industrial Court for his wrongful termination. – Parti Sosialis Malaysia Facebook pic, April 3, 2024
News

Wrongful dismissal: ex-US Embassy guard files appeal to reinstate RM66,000 award

This comes a day after KL High Court rules to allow US govt’s judicial review against Industrial Court’s decision

Main Author Image
Rebecca Chong
Updated
2:43 PM MYT

 

KUALA LUMPUR – Former security guard L. Subramaniam has filed an appeal against the high court’s decision to allow the judicial review nullifying RM66,000 awarded by the Industrial Court last year for his wrongful dismissal by the US Embassy here.

In response to Subramaniam’s appeal filed by his counsel R. Kesavan in the High Court Registry yesterday, the Court of Appeal informed that the case management will be held on July 1 via e-review.

Both parties are not required to be present at the court on the date.

The appeal was made a day after Kuala Lumpur High Court judge Datuk Amarjeet Singh allowed a judicial review application filed by the US government to annul a RM66,000 award given by the Industrial Court to Subramaniam.

The judge ruled that the court found the applicant (the US government) and its embassy have immunity and are protected from the Industrial Court’s jurisdiction, referring to Subramaniam’s claim under Section 20 (3) of the Industrial Relations Act 1967.

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

The judicial review filed on August 9 last year, sought an order for the high court to annul the award given by the Industrial Court in 2023 to Subramaniam. It named the Industrial Court and Subramaniam as the first and second respondents.

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 until he was terminated in 2008. 

He claimed that he was merely performing auxiliary duties during his time of service and was never involved in the diplomatic functions or governmental decisions of the US. – April 3, 2024

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