Secret recordings admissible as evidence in job dismissal cases

 

Secret recordings of meetings can be admitted into evidence in hearings of dismissal cases, the Industrial Court has ruled.

According to a report by FMT, court chairperson D Paramalingam said that even if such evidence was illegally obtained it could be admitted to determine a fact related to the dispute.

He added that proceedings under the Industrial Relations Act 1967 were not bound by the rules governing evidence in civil and criminal court proceedings.

The matter came to light after an award last week, in which M Jagen objected to the admissibility of an audio recording.

It had been made without his consent or knowledge.

He also ruled that Agarcorp Sdn Bhd had validly dismissed the services of Jagan as its sales and marketing manager on Jan 31, 2019.

In dismissing him, the company demanded RM150,000 compensation from Jegan for losses it suffered due to its business being siphoned off by another company, Ensetcorp Sdn Bhd.

Jagen had challenged the admission of a recording of a meeting he had three days prior with Agarcorp general manager Farid Anwar Naidu Abdul Manan and two others, in which he made several admissions related to the case.

Jegan had also filed a complaint with the Industrial Relations Department on Feb 4, 2020.

Paramalingam said he was satisfied that Agarcorp had proved Jegan’s involvement in Ensetcorp through his brother, something he had concealed from Agarcorp. - Mkini