Judge: Industrial Court to hear US embassy unlawful dismissal case

The Court of Appeal in Putrajaya has ruled in favour of former security guard Subramaniam Letchimanan in his appeal against his purported unlawful dismissal from the US embassy 12 years ago.

The court's three-member bench, chaired by judge Kamaludin Md Said, overturned a Kuala Lumpur High Court's decision last year, which quashed a referral by then human resource minister M Kulasegaran in ordering the case of Subramaniam to be referred to the Industrial Court.

Kamaludin said it was for the tribunal to determine whether the foreign mission had absolute immunity from local laws.

Subramaniam's lawyer Ragunath Kesavan submitted that there is no absolute immunity and the issue should be decided by the Industrial Court.

He cited examples in the United Nations, European Union, and the UK which support that such cases do not give foreign governments immunity over local laws.

In a statement today, PSM deputy chairperson S Arutchelvan detailed what had transpired in the virtual hearing today.

He said the counsel representing the US embassy indicated the respondent will be raising the issue of sovereign immunity as a preliminary issue at the Industrial Court.

"PSM welcomes today's decision as long overdue in Subramaniam’s pursuit of justice. We hope the US government will not further delay this matter and if possible reinstate him or pay whatever is due to him," Arutchelvan said.

"It is now 12 years since Subramaniam, an ordinary security guard, has taken the most powerful county in the world to court," he said.

Subramaniam was represented by Merie Chen while the government was represented by senior federal counsel Liew Horng Bin. The US government was represented by Lim Heng Seng.

It was previously reported that in May 2019, the former security guard would finally have his case heard before the Industrial Court after 11 years.

He had been working at the US embassy for over 20 years when he received a phone call from his supervisor on Apr 4, 2008, informing him that he had been terminated from his security guard position with immediate effect.

A month after he was terminated, Subramaniam lodged a report with the Industrial Relations Department (IRD) under Section 20 of the Industrial Relations Act for unlawful dismissal.

PSM, who had been helping Subramaniam with his case since 2008, said they wrote to Kulasegaran in July 2018, after which a reconciliation meeting was called.

The case was then heard before the Kuala Lumpur Industrial Court in May 2019.

On Jan 8, 2020, a High Court ruled in favour of the US government and quashed a referral by Kulasegaran in ordering the case to be referred to the Industrial Court. - Mkini