Clinic Assistant Unfairly Dismissed After 37 Years of Service

A doctor's former clinic assistant was awarded RM165,700 by the Industrial Court for unfair dismissal. The court stated that her dismissal because of redundancy was without merit. 

The Industrial Court chairman, Augustine Anthony, allowed the claim filed by K Rasalechumi against her former employer and said that the last year's retrenchment was without cause or excuse. 

The claimant was employed for 37 years 

In a 66-page award, he said that according to the facts of the case and the evidence, the employer could not prove that the claimant's position was redundant and that the position no longer exists. 

The chairman ordered 14 months of backwages amounting to RM45,500 and compensation of RM120,250 in place of reinstatement as the claimant had served her employer for 37 years.

The employer operates a chain of medical clinics at several locations in Malaysia. 

Rasalechumi was represented by S Vadivelu from the Malaysian Trades Union Congress. She started her employment with the company in January 1983 as an aide nurse. 

However, in February 2018, Rasalechumi was designated as a clinic assistant without any changes to the terms and conditions of her employment. 

The claimant was unfairly dismissed after 37 years of service with the company.

Rasalechumi's employment record was clean

Anthony said the claimant had no known poor performance complaints or disciplinary issues. 

On April 1 2020, the employer sent out a letter to the claimant and three others. The letter informed them that the company had undertaken a rationalisation exercise. 

The company's management determined that it would not be feasible to recommence the business during the Covid-19 pandemic. 

The chairman said the Industrial Court believed that the alleged bona fide reorganisation and restructuring of the company's business that led to the claimant's retrenchment was not convincing. 

Anthony added that the claimant's selection for retrenchment due to redundancy, and the officers involved in the selection process also remains unclear and shows unfair labour practices. 

The claimant willingly accepted job redesignation

He said the claimant also willingly accepted job redesignation as the clinic assistant in 2018, which somewhat shows that she had likely undergone a demotion. 

The judge stated that the company portrayed her as suffering from health conditions. However, she was never alleged to have been a poor performer. 

He said that Rasalechumi continued to perform her duties without any known complaints from the company until she was unceremoniously dismissed from her only source of livelihood. 

The other claimants also received backwages and compensation

Meanwhile, the three other claimants, who worked with the employer for seven, 13 and 19 years, also received backwages and compensation in place of reinstatement. However, the quantum was not listed in the award.

Source: FMT

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