KUALA LUMPUR – Making sexual jokes in the workplace could amount to sexual harassment, the Sarawak Industrial Court has ruled, upholding Malayan Banking Bhd’s (Maybank) decision to dismiss an officer found guilty of five counts of sexual harassment.
Industrial Court chairman Mohd Taufik Mohd@Mohd Yusoff said that normalising such behaviour was unacceptable, FMT reported.
The claimant, who had worked for Maybank for 31 years, was dismissed in December 2023 after the bank’s disciplinary board rejected his explanation in response to a show-cause letter.
Commending the bank’s decision, Taufik highlighted that Maybank’s policy explicitly classifies sexually charged jokes as sexual harassment.
He also noted that any reasonable employer would take similar action to protect its corporate reputation and ensure workplace harmony.
“There is no other punishment that suits the action perpetrated by the claimant against the complainant except a dismissal. It must also be observed that in a case of sexual harassment, the primary consideration of the court is the feeling of the victim when subjected to such an action towards her.
“It’s not what the harasser felt when carrying out the action, such as saying it was only a joke or that it is normal; unless there is reciprocal action by the complainant, which can reasonably be seen or implied to have also contributed to such actions,” he was quoted as saying in a recent award.
Taufik further noted that the claimant failed to prove that the complainant had responded in a way that indicated consent or that she was not offended, humiliated, or intimidated by his behaviour.
“There is no evidence produced by the claimant to suggest that there were previous situations between him and the victim for the court to come to a positive finding that it was normal for them to engage in such a manner,” he added.
During cross-examination, the claimant was asked by Maybank’s lawyer whether his actions towards the complainant were inappropriate. He responded: “I disagree. It is normal for me. It is a joke and (was) spontaneous.”
He further argued that the complainant never explicitly told him to stop, leading him to believe their interactions were merely friendly banter. However, Taufik dismissed this defence, stating that the complainant may have thought she could handle the situation on her own.
Taufik also pointed out that while the complainant did not explicitly say “stop”, the claimant admitted he understood her objection through other words or actions.
The case involved allegations that the claimant covertly took photos of the complainant without her knowledge, persistently invited her for meals despite her rejections, and sent her inappropriate messages.
He was also accused of photographing her backside and stating his intention to purchase software to digitally remove her clothing.
Additionally, he made a comment about glue that she interpreted as having sexual connotations.
The claimant was represented by Andrew Lo of the Sarawak Bank Employees’ Union, while Gordon Tang appeared for Maybank. – March 29, 2025