Nufam lauds ruling by apex court in ‘unlawful dismissal’ case

 

The Federal Court also affirmed the damages amounting to RM211,444.56 awarded by the industrial court to Ismail Nasaruddin Abdul Wahab.

PETALING JAYA: The National Union of Flight Attendants Malaysia (Nufam) welcomed the Federal Court’s decision in ruling that its president was wrongfully dismissed for voicing concern for flight attendants’ welfare.

The union said the court decision would “set a strong precedent for all trade union activists” who faced the same predicament as Ismail Nasaruddin Abdul Wahab, who was with Malaysia Airlines, in fighting for workers’ rights.

“We have always believed in the legal system and that day has come.

“Justice will prevail as long these disputes and issues raised on behalf of the employees are correct and true,” Nufam said, adding that the union also thanked the legal team, which was headed by human rights lawyer Ambiga Sreenevasan, for defending Ismail.

Earlier today The Edge Markets reported that the Federal Court granted Ismail’s appeal, and ruled he did not abuse his position as Nufam chief when he issued a statement aimed at improving flight attendants’ welfare.

A three-member bench chaired by Nallini Pathmanathan also affirmed damages amounting to RM211,444.56 awarded by the industrial court to Ismail. Other judges who heard Ismail’s appeal were Hasnah Mohammed Hashim and Harmindar Singh Dhaliwal.

In 2013, Ismail gave an interview to The Sun Daily to highlight the concerns of workers in relation to claims of being overworked and underpaid, as well as health and safety issues due to MAS’ fleet realignment exercise and weight loss exercise.

MAS found this to be in breach of Ismail’s duties in the company and dismissed him.

Ismail turned to the industrial court in an attempt to be reinstated but the tribunal dismissed his case.

He then filed a judicial review before the High Court to quash the industrial court decision. The High Court ruled in favour of Ismail’s legal challenge and ordered the industrial court to assess damages.

The industrial court ruled that MAS needed to pay Ismail RM211,444.56 in damages.

However, upon MAS’ appeal, the Court of Appeal ruled that Ismail’s dismissal was lawful. - FMT