Ex-engineer in Petronas-linked O&G firm awarded RM655,000 for unfair dismissal

 

The Industrial Court awarded Alfian Affendi Ahmad Anuar compensation in the sum of RM655,534.88 after holding that Carigali-PTTEPI Operating Company Sdn Bhd had dismissed him without just cause or excuse. (Facebook pic)

KUALA LUMPUR: 

A former mechanical engineer with an oil and gas company linked to Petronas was awarded RM655,534.88 in compensation and back wages after the Industrial Court ruled he was unfairly dismissed purportedly for failing to meet his employer’s appraisal targets.

Industrial Court chairman D Paramalingam said it was inappropriate for Alfian Affendi Ahmad Anuar to be reinstated to his employment with Carigali-PTTEPI Operating Company Sdn Bhd (CPOC) given the circumstances of the case.

As a result, Paramalingam awarded Alfian, whose last drawn monthly salary was RM21,283.60, compensation in lieu of reinstatement in the sum of RM170,268.80 for eight completed years of service.

Alfian was also awarded back wages of 24 months, the maximum permissible under the law, amounting to RM510,806.40.

During his testimony, Alfian had told the court that he had been unemployed since his dismissal on Oct 12, 2021, but Paramalingam said the claimant offered no proof that his job applications were unsuccessful.

“In the circumstances, the court exercises its discretion to deduct 5% (RM25,540.32) of the back wages awarded to the claimant for post-dismissal earnings,” he said in a 30-page award released earlier this month.

The facts of the case showed that the company had instructed Alfian to undergo a performance improvement plan (PIP) for six months effective from Jan 1, 2021, and set a minimum target rating of “3” for him to achieve.

Paramalingam said Alfian duly met the minimum year-end overall score, noting that the company did not set any additional conditions.

The company, however, contended that despite achieving the set target, Alfian failed to show the desired improvement within the PIP timeline.

The company then issued Alfian with a letter dated June 30, 2021 which set a higher overall performance rating of “3M”.

“The court agrees with the submission of the learned counsel for the claimant that the company had indeed shifted the goalposts after the claimant had complied with the company’s instructions to achieve an overall rating of 3.

“The company has side-stepped the elephant in the room,” the award read.

Counsel Harjinder Singh Sandhu appeared for Alfian, while Maximilian Tai, Faisal Moideen and Syaarifah Ameerah Syed Haja Muyinudeen represented the employer. - FMT