KUALA LUMPUR: An automotive parts manufacturer was found to have unfairly dismissed an employee based on his race by the Industrial Court.
On July 11, the Industrial Court ruled that Auto Abundance Sdn Bhd resorted to using the race card in a court filing when seeking to justify their employee's dismissal, FMT reported.
Court chairman D. Paramalingam said: "An impasse between the two directors, holding equal shares, led to the claimant becoming a sacrificial lamb in their tug-of-war."
The situation escalated when the company's finance director, Yim Kai Keong, sought to dismiss the claimant, S. Janarthen, using racially charged statements against him and his superior, V. Muralidharan Nair.
Yim's court submissions included the claim that Janarthen refused to take instructions and disrespected co-workers because he had a 'godfather' of the same race defending him.
Paramalingam called Yim's reference to race unfortunate and noted that Janarthen was victimised due to the directors' dispute.
Janarthen, who joined the company in 2012 and rejoined in 2019, was dismissed in 2022 for allegedly consuming alcohol on company premises and challenging Yim to a physical fight.
The company's evidence, including photos and videos, was deemed inconclusive by the court.
Paramalingam noted edited video evidence and the lack of direct testimony from Yim, which was detrimental to the company's case. The court ruled against the company, awarding Janarthen RM71,500 in back wages and compensation.
R. Thayalan and Ambbi Balakrishnan represented Janarthen.