Justice Alice Loke says the Industrial Court was not wrong in accepting the 17-year-old cleaner’s account and rejecting the man’s claim that physical contact was accidental.
High Court judge Alice Loke dismissed the man’s appeal against the Industrial Court’s decision, ruling that Composites Technology Research Malaysia Sdn Bhd (CTRM) had just cause and excuse to terminate his employment.
Loke said the grounds raised by the man did not warrant the High Court’s intervention in the Industrial Court’s findings.
She also ordered the 50-year-old man to pay RM3,000 in costs to CTRM, an aerospace parts supplier.
In her 10-page judgment, Loke referred to the Federal Court’s ruling in Mohd Ridzwan Abdul Razak v Asmah Hj Mohd Nor, which described sexual harassment as “a very serious misconduct” that could not be tolerated.
The man joined CTRM as a quality assurance inspector in July 2001 and was promoted to senior technician in June 2022.
He was accused of inappropriately touching the cleaner on June 24, 2022, as she was walking towards a sink in the pantry during her lunch break.
The cleaner told the company that the man had dragged his right palm along her right waist towards the area below her armpit.
Following an investigation, he was suspended and issued a show-cause letter.
He denied the allegation, claiming that any physical contact was accidental because the pantry was narrow.
A domestic inquiry held in August 2022 found him guilty, and CTRM terminated his employment with immediate effect on Aug 26, 2022.
He subsequently filed an unfair dismissal claim under Section 20(3) of the Industrial Relations Act 1967.
The man argued that the evidence did not substantiate the sexual harassment allegation and that the cleaner’s testimony contained inconsistencies.
He also said insufficient consideration had been given to his explanation that the contact was accidental. He also raised several complaints about the domestic inquiry.
However, Loke said the Industrial Court had carefully evaluated the evidence and was entitled to accept the cleaner’s version of events.
Her evidence was corroborated by a co-worker who was present in the pantry and testified that she saw the man move his right palm from the cleaner’s waist towards the area below her armpit.
The Industrial Court had also considered the man’s admission that he might have accidentally touched the cleaner, but rejected his explanation, noting that he had not apologised at the time.
Loke said the man’s subsequent conduct was also significant, as he admitted confronting the cleaner and her mother on July 4, 2022, and asking: “Tersentuh pun tak boleh?” (“Can’t I even touch you by accident?”)
She said the Industrial Court, having heard the witnesses, was in a better position to assess their credibility and determine the weight to be given to their evidence.
Loke also rejected the man’s complaints about the domestic inquiry, saying any flaws in the inquiry were not necessarily fatal because proceedings before the Industrial Court were heard afresh.
“The findings of a domestic inquiry are not binding upon the Industrial Court,” she said.
She said the Industrial Court had independently evaluated the evidence and found no procedural impropriety or infringement of the man’s rights. - FMT
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