2010/03/04
V. Anbalagan
PUTRAJAYA: The Court of Appeal has ruled that a dismissed employee can only seek remedy in the Industrial Court.Gunalan's appeal against the decision of the High Court to strike out his summons and statement of claim for unfair or constructive dismissal. Court of Appeal judge Datuk Jeffrey Tan Kok Wha, who sat with Datuk Zainun Ali and Datuk Syed Ahmad Helmy Syed Ahmad, said industrial disputes like unlawful dismissal should be referred to the Industrial Court. The court, however, did not give any reason for dismissing Gunalan's appeal.
Gunalan filed the action in the High Court in 2001 against his employer Nortel Networks Malaysia Sdn Bhd.
Earlier, counsel Jennifer Thomas, who appeared for Gunalan, submitted that judicial commissioner Datuk Alizatul Khair Osman Khairuddin was wrong in striking out the suit as his client could also turn to the civil court to get remedy for loss of job. She said Section 86 of the Employment Act 1955 stated that an aggrieved employee could enforce his civil rights in court by way of filing a suit provided that no action had been instituted before the director-general of Industrial Relations. Lawyer A.
Selvamalar, who represented Nortel Networks, said the High Court was right in striking out the suit as the civil court had no jurisdiction to hear the matter. The Court of Appeal yesterday heard Gunalan's appeal without the benefit of written grounds from the High Court which struck out Gunalan's matter in 2004.
In his statement of claim, Gunalan said he was terminated by Nortel Networks on Oct 24, 2001, due to "realignment in our workforce". He filed his action in December 2001 seeking damages for loss of employment. Gunalan told reporters that he had instructed his counsel to file an application for leave to appeal to the Federal Court as there were questions of public importance.
http://www.nst.com.my/Current_News/NST/articles/20100304102704/Article/index_html
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