The Kuala Lumpur High Court ruled the dismissal of 48-year-old Y Kohila from her job as a Bank Negara Malaysia manager, for participating in political activities from 2013 until 2017, was unlawful.
Judge Ahmad Bache also said BNM’s domestic inquiry was not conducted fairly and she was not given ample time and relevant documents to prepare for her defence.
He also said Kohila (above), who was charged with breaching three separate codes of conduct, was not given the right to be heard, which is a breach of natural justice as the inquiry had rejected her request for an external lawyer and witnesses to testify at the internal proceedings.
“The plaintiff should have been put as a defendant so she could defend herself but the bank refused to do so.
“She was put in a disadvantaged position... She did not have the chance to prepare for her defence during the inquiry.
“Plaintiff was not treated fairly. She did not have an opportunity to testify, only to be cross-examined by the panellists,” said Ahmad.
The court set April 29 to decide the amount for special, general, exemplary and aggravated damages.
Constitutional right to be heard
Stepping out of the courtroom, Kohila was greeted with chants of “hidup keadilan, hidup perjuangan” (long live justice, long live the struggle) from her family and friends as she burst into tears of joy.
Kohila recalled the time when she was sacked from the central bank, saying her colleagues had pleaded for her to return and described the embarrassment she felt.
“I still remember the day I walked out of BNM, so embarrassed. I was escorted out. My colleagues were all there telling me to come back but I told them this would be the last time I would step foot there.
“The establishment is very cruel but finally there is justice. It is the sweetest thing ever. It is the day of justice for the worker.
“This means people cannot just sack you the way they want, and they cannot infringe on our constitutional rights,” she said.
PSM deputy chairperson S Arutchelvan, who also attended the proceedings, said the judgment sends out an important warning to all employers to refrain from “bullying” workers by way of unjustified dismissals.
He also claimed the judgment today could be a potential landmark case for any domestic inquiry to allow external parties to defend the person who is being charged.
“The whole question about natural justice, the constitutional right to be heard. I think the judge said it very well,” he said.
Kohila, now a practising lawyer, filed a lawsuit challenging her termination from the central bank over allegations of misconduct linked to her political activities.
In May 2017, BNM issued her a show cause letter, citing her public support for PSM and participation in party-organised gatherings in 2016 as grounds for disciplinary action.
Following internal proceedings in May-June 2017, Kohila was found guilty on all three charges levelled against her. On July 19, she received a letter informing her of the guilty verdict and instructed her to vacate BNM’s premises within an hour.
She appealed the decision on Aug 3, 2017, but it was rejected on Sept 5. Dissatisfied with the outcome, she filed a suit against BNM on July 9, 2018, contesting her dismissal.
Kohila maintains her actions did not contravene any rules, while BNM insists it acted within its rights to enforce employee conduct policies. - Mkini
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