KUALA LUMPUR: The Industrial Court has ruled that the termination of former THP Bina Sdn Bhd deputy general manager Tengku Kamarolhisham Kamaruddin in 2020 was carried out without any "cogent proof".
Kuala Lumpur Industrial Court chairman S. Vanithamany said that the court found Tengku Kamarolhisham's dismissal by his former employer, a construction subsidiary of Tabung Haji, to be without just cause or excuse.
As a result, she ordered THP Bina to pay its former employee 24 months' back wages at RM19,810 per month, subject to a 20 per cent deduction for gainful employment.
The ruling also includes compensation in lieu of reinstatement, calculated as one month's salary for each year of service during his 10-year tenure with the company. The total amount of RM578,460 is to be settled within one month.
Vanithamany said that Tengku Kamarolhisham, who had served the company for 10 years, was dismissed without sufficient proof, as the company failed to establish any procedures, codes, or guidelines concerning the allegations against him.
"The allegations against the claimant were not substantiated by the company. Although the company received an anonymous letter and initiated an investigation, it failed to prove any misconduct on the claimant's part. No procedural breach, breach of contract terms, or SOP violations were committed by the claimant," she said in her judgment.
The judgment was delivered on Nov 20.
The court heard that the claimant's troubles began following an anonymous letter alleging misconduct and misappropriation, which was sent to the Tabung Haji CEO, the Malaysian Anti-Corruption Commission, and the company's chief integrity officer.
The allegations claimed that fines deducted from contractors' progress payments were instead paid in cash to health, safety, and environment (HSE) officers.
Subsequently, the claimant was suspended from Jan 24 to March 3, 2020, pending a domestic inquiry into six charges. He was dismissed three days after his suspension ended, on March 6, 2020.
The court streamlined the charges into three key allegations: authorising the use of collected funds beyond his authority, permitting their use for non-HSE purposes, and failing to maintain proper financial records, including invoices and receipts.
Vanithamany highlighted that company witnesses admitted there were no written procedures for handling collected fines. It was further revealed that the funds had been used for Hari Raya celebrations in 2013 and 2014 with the contractors' consent.
"There were no allegations against the claimant suggesting that the money was used for his personal benefit, nor were any such accusations ever reported.
"Despite this, the company issued a show-cause letter against the claimant citing three counts of misconduct.
"Additionally, the company was aware of the claimant's actions in using the funds for the stated purposes. However, SOPs for managing collected penalties were only established after the claimant was served with a show-cause letter," she added.
The claimant was represented by Nasrul Hadi Mat Saad, while T. Thavalingam and Aida Yasmeen appeared on behalf of the company.