SPAN entitled to dismiss legal director for misconduct, rules court

 

The Court of Appeal ruled that dismissal by the National Water Services Commission of its senior legal director, Hayatunnisah Sulaiman, did not offend the proportionality principle, as she held a senior role in the organisation.

PUTRAJAYA: 

The Court of Appeal has unanimously affirmed the decision of the National Water Services Commission’s (SPAN) disciplinary board to sack its former senior legal director for misconduct.

Justice Azizul Azmi Adnan said SPAN’s decision to dismiss Hayatunnisah Sulaiman did not offend the proportionality principle, given her senior and significant role within the organisation.

Azizul said even if errors of law had been committed in the disciplinary process, they could not invalidate a correct decision.

The court further held that although the disclosures were not made for pecuniary gain, it did not change the fact that the breach of obligation of secrecy was a serious misconduct.

“She (Hayatunnisah) was provided with every opportunity to defend herself,” he said in allowing SPAN’s appeal to overturn a High Court ruling and restore the board’s finding.

Also on the bench hearing the matter were Justices Supang Lian and Alwi Abdul Wahab.

SPAN terminated Hayatunnisah’s employment on July 26, 2017, after she was found to have divulged confidential information without prior approval in breach of her statutory obligation of secrecy.

The charges included one for disclosure of confidential minutes to a lecturer at a local university for use in his book.

Being dissatisfied with SPAN’s decision, Hayatunnisah filed a judicial review to challenge her dismissal, citing, among other grounds, procedural impropriety in the disciplinary process.

She named SPAN commissioners, including its then chairman, Maximus Johnity Ongkili, as respondents.

The application was allowed by the High Court in 2022, but was overturned in the present appeal.

Lawyer Thavalingam Thavarajah and Aida Yasmin Cheree Mohamad represented SPAN while counsel Ebrina Zubir acted for Hayatunnisah. - FMT