The 56-year-old former security guard at the US embassy told FMT he was left grappling with financial instability and a profound sense of injustice after being terminated from his job in 2008.
A long-running legal dispute over the Kuala Kangsar native’s claim that he was unlawfully dismissed finally concluded with an out-of-court settlement on Nov 1.
In April 2023, the Industrial Court awarded him RM66,000 in compensation, which was overturned by the High Court. He went to the Court of Appeal to reinstate the award.
On Monday, Parti Sosialis Malaysia said Subramaniam had discontinued his appeal following a settlement which saw the embassy paying him a “fair sum” without any admission of liability.
Subramaniam told FMT he was determined to see the case through as he wanted to ensure that others in his position would not have to go through the same struggles as he did.
“It took 16 years, but I didn’t want to give up on the case,” he said.
“I wanted to go through with it because I was hoping that something good would come out of it for all Malaysian employees working at foreign embassies.
“Now, people working at foreign embassies should not be afraid that they will be unfairly dismissed.
“My former colleagues at the embassy are all very happy. They were afraid to work there because they could be sacked at any time. Now, they have some good news.”
Subramaniam said the first few years after losing his job were the hardest. He applied to several companies hoping to rebuild his career in administrative roles.
“But when I went for interviews, I would be asked about my previous job. When I said I worked at an embassy but was terminated, the interviewers would say they couldn’t offer me a job.”
Refusing to admit defeat, Subramaniam turned to the gig economy. He became a Grab driver and took on other part-time driving jobs to make ends meet.
“Now, my work for Grab has slowed down because there are competitors,” he said. “But I’m alright. I’m still surviving.”
Subramaniam’s fight wasn’t just about compensation, as his case has gone on to become a landmark for employees of foreign missions in Malaysia.
The Federal Court ruled in 2022 that embassies possess restricted immunity in unfair dismissal cases, and that the Industrial Court is the appropriate forum for such disputes.
Subramaniam’s case also influenced the Jurisdictional Immunities of Foreign States Bill 2023, which removes immunity for foreign missions in employment disputes.
Ragunath Kesavan, one of Subramaniam’s lawyers, said he was pleased that the case had been resolved satisfactorily after a long and drawn-out battle.
He was also glad that the Jurisdictional Immunities of Foreign States Bill 2023 had been passed as it ensures greater protection for workers.
“Before Subramaniam’s case, courts often dismissed similar cases on the basis of immunity,” said Ragunath.
“We took up the challenge to argue from a different angle, focusing on restrictive immunity… and the Court of Appeal and the Federal Court supported this argument.
“Subramaniam’s perseverance for 16 years is remarkable… I think the key takeaway from this is that one must have faith in the judicial system.
“It has remedies available, and no one should give up hope.” - FMT
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