KUALA LUMPUR: A former director of a property development company was awarded RM792,000 in back wages by the Industrial Court last week after it found her dismissal on grounds of misconduct to be without just cause or excuse.
In his judgment on Oct 24, Industrial Court chairman D. Paramalingam ordered Symphony Life Bhd to pay Ng Ying Yiing 24 months of back wages due to her unfair dismissal.
Paramalingam said the court found the allegations of gross misconduct and abuse of authority levelled against Ng over the purchase of shares of Cycle and Carriage Bintang Bhd that led to her dismissal on Sept 13, 2021 was orchestrated by fellow director and group chief executive officer Chin Jit Pyng, along with the group advisor at the time, Datuk David Goh.
"It is this court's finding that the claimant's (Ng) dismissal by the company was done without just cause or excuse.
"It is evident that the entire episode pertaining to the transaction of purchasing the CCB shares was orchestrated by Chin together with the group advisor at the material point, Datuk David Goh," Paramalingam said in a 45-page award available on the court's website.
He added that it is evident that the charges against Ng were trumped up after a whistleblower's complaint against Chin pertaining to potential misconduct.
The court, said Paramalingam, also took note of the haste in which Chin and his team in the process of dismissing Ng from her employment in the company.
"The court thus finds that the claimant's dismissal from her employment by the company was done without just cause and excuse," he said.
Paramalingam added that it is clear as day that the entire investigation against Ng that was started by the company and conducted by an audit in such haste was orchestrated by Chin with the sole purpose of frustrating the investigation on the latter's misconduct.
"In the case at hand, it is evident that the dismissal of Ng was masterminded by Chin who had to resort to such an action in order to frustrate the investigations on his wrongdoing in the company," he said.
Ng was appointed as an independent non-executive director of the company on March 23, 2021, and was informed of her dismissal via a letter dated Sept 13 the same year.
She received a monthly salary and allowances totaling RM33,000.
"The court orders Ng to be paid back wages for 24 months," Paramalingam said.
Lawyers Shanker Subramaniam and Juanita Louise Chua Ai Ling represented Ng while the company was represented by Datuk Megat Abdul Munir and Muhammad Asyraf Abd Aziz.