Developer’s ex-director wins RM792,000 in back wages for unfair dismissal

 

The Industrial Court awarded Ng Ying Yiing RM792,000 in back wages for wrongful dismissal by developer Symphony Life Bhd. (Facebook pic)

KUALA LUMPUR: 

The Industrial Court has awarded RM792,000 in back wages to a former director of Symphony Life Bhd for unfair dismissal on grounds of misconduct.

In awarding the maximum compensation of 24 months’ pay, court chairman D Paramalingam said it was evident that Ng Ying Yiing’s dismissal was masterminded by fellow director and group CEO Chin Jit Pyng.

The judge said that Chin, a witness for the employer, had to resort to such an action to frustrate investigations into his alleged wrongdoing in the company, after Ng filed a complaint on the matter.

The wrongdoing purportedly involved the purchase of shares in a listed company.

The judge said he found that the company’s eight charges of alleged misconduct against Ng— on grounds of insubordination, breach of authority, and breach of confidentiality — were baseless and trumped up after she blew the whistle on Chin, which led to an internal investigation.

Paramalingam also said it was evident that the entire episode concerning the transaction of CCB shares was orchestrated by Chin and the group adviser at the material point in time, David Goh.

“When Chin got wind of the impending audit investigations, he set out to scupper the probe and instead turned the table on Ng, the company’s executive director (Teo Chiah Chyi) and audit committee member (Loi Chee Fong),” he said in the 45-page award released on Thursday.

As a result, Chin suspended Ng and Teo.

“It is as clear as day that the entire investigation that was started by the company and conducted in such haste was orchestrated by Chin with the sole purpose of frustrating the investigations on his misconduct,” Paramalingam added.

He said Ng should consider bringing a civil action against Chin.

Ng was appointed an independent non-executive director of Symphony Life on March 23, but was dismissed five months later. She drew RM33,000 per month in salary and allowances.

Paramalingam said reinstating Ng to her former position would be inappropriate given the circumstances and facts of the case.

Lawyers Shanker Subramaniam and Juanita Louise Chua represented Ng, while Megat Abdul Munir and Asyraf Abd Aziz acted for the company. - FMT