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Industrial Court awards RM2mil to ex-manager for unlawful dismissal

FMT Reporters - 11 Apr 2023, 2:57pm

PETALING JAYA: The Industrial Court has awarded a former manager at a

multinational medical services company more than RM2 million in compensation

and back wages for unlawful dismissal.

Cliford Lawrence Patrick, who was MIMS Group of Companies regional vice-

president for listings, had served the company for 19 years before he was

dismissed on June 10, 2019.

Court chairman Syed Noh Said Nazir @ Syed Nadzir held that the company failed

to prove that Patricks performance was unsatisfactory to justify sacking him.

MIMS had claimed that Patrick was unable to meet the sales target and lacked

strategic planning skills.

Before his sacking, Patrick had been told to take up a mutual separation exercise as

a resignation option, but he rejected it.

He was subsequently placed under a performance improvement plan (PIP) for

several months in 2019, before his services were terminated in June the same year.Syed Noh found that no disciplinary action had been taken against Patrick

throughout his service.

On the contrary, he was promoted five times during his 19 years (with) the group,

from business manager to senior business manager.

He then became the groups business manager and, subsequently, was promoted

as the division manager and general manager in the Philippines.

As such, it can be said that he was instrumental in growing the companys

business, which led to multiple promotions, and has never been a poor performer,

he said.

The court also found that as the vice-president for listings, Patrick had performed

his duty, as instructed, to reduce the quantum of losses suffered by the company.

His performance was commendable in light of the projected downturn in the

listings business.

This cannot be said to be of poor performance. Placing him under the PIP was

part of a series of oppressive conduct by (then company CEO) Yasunobu Sakai

with mala fide intent to drive him out of the company, Syed Noh said.

The court awarded Patrick RM949,698 in compensation in lieu of reinstatement as

well RM1.06 million as back wages.Lawyers Donovan Cheah and Lim Zi Han appeared for Patrick, while P

Jayasingam and Sandeep Singh Sidhu represented MIMS.

Question 1

Based on the above case and from your reading, describe FIVE (5) causes of unfair

dismissal claim made at the Industrial Court.

(50 marks)

Answer & Explanation Solved by verified expert

See Answer