High Court overturns order to reinstate postman

 High Court says Hazari Ismail should have complied with the transfer order before challenging his move from Bukit Mertajam to Bayan Lepas.

The Penang High Court ruled that Pos Malaysia was justified in dismissing Hazari Ismail after he refused to comply with a transfer order.

GEORGE TOWN:

The High Court here has overturned an Industrial Court ruling that ordered Pos Malaysia to reinstate a postman dismissed for refusing a transfer from its Bukit Mertajam branch to Bayan Lepas.

Justice Wendy Ooi allowed Pos Malaysia’s appeal and ruled that the company was justified in dismissing Hazari Ismail, 51, after he refused the transfer.

The judge said the transfer was a legitimate management decision and that Hazari should have complied with the order before raising his objections through the proper channels.

She said the transfer did not involve any loss of rank or benefits, and was allowed under Pos Malaysia’s employment terms.

Ooi also found that Hazri’s refusal amounted to wilful insubordination, as he had deliberately refused to follow a lawful instruction from his employer.

Citing a Federal Court decision, she said employees must obey lawful management orders before challenging them.

Hazari was ordered to pay RM5,000 in costs.

Hazari had worked with Pos Malaysia for 25 years, joining as a postman at the Butterworth post office in 1996 before being transferred to Bukit Mertajam. He was promoted to Posmen Kanan cum Ketua Zon in 2019.

In March 2021, he was transferred to the Bayan Lepas office but refused the move, asking to remain in Bukit Mertajam and offering to take up a lower position as a courier.

Pos Malaysia rejected his request and instructed him to report to Bayan Lepas on March 29, 2021. However, Hazari continued reporting for work at Bukit Mertajam after the end of his annual leave.

The company later issued him a warning letter and held a domestic inquiry, where Hazari, accompanied by his union representative, pleaded guilty to refusing to comply with the transfer order.

He was dismissed on April 15, 2021, and challenged the dismissal at the Industrial Court, claiming he had been unfairly dismissed.

The Industrial Court ruled in his favour, finding that dismissal was too harsh. It ordered Pos Malaysia to reinstate him as a courier at Bukit Mertajam and awarded him 24 months’ back wages, reduced by 30% due to his own actions.

However, Justice Ooi disagreed, saying Pos Malaysia had shown there was a need to fill a vacancy at the Bayan Lepas post office.

Hazari also argued that health issues prevented him from accepting the transfer, citing allergic dermatitis that caused rashes and itchiness for about eight months.

But the court found that he had not earlier sought changes to his working conditions due to the condition.

Lawyers Rajeswari Karupiah and Sharulnizam Rosni appeared for Pos Malaysia, while Hazari was represented by G Domnic Selvam. - FMT