A three-man bench, chaired by Zawawi Mohd Salle, in allowing Noorfadilla Ahmad Saikin’s appeal, maintained the RM30,000 compensation for breach of constitutional right to gender equality.

However, the bench added another RM10,000 for pain and suffering. Noorfadila was awarded another RM10,000 in costs.

The bench also dismissed the government’s cross appeal to deny Noorfadilla the award for the constitutional breach.

Senior Federal Counsel Mazlifah Ayob said this was because the government had paid Noorfadilla RM16,116.49 for breach of her employment contract.

Early this year, judicial commissioner Azimah Omar slashed the amount by 90% following an appeal by the government.

In 2014, a Shah Alam High Court deputy registrar, in assessing damages, awarded Noorfadilla RM300,000 in damages for breach of her constitutional right and RM25,000 for emotional and mental distress.

He also allowed RM12,907.68 for loss of earnings, RM2,296.10 for loss of savings in Employees Provident Fund contributions and RM912.71 for loss of EPF dividends.

Azimah had said the original sum was inappropriate and tantamount to a “handsome profit” for Noorfadilla.

The judge said Noorfadilla was also to be blamed for the revocation of her appointment as a temporary teacher as she failed to disclose her condition during a job interview.

Azimah said it would require tens of years of excellent service for the plaintiff to garner the RM300,000.

“This court will not be a conduit to afford the plaintiff a shortcut to such a massive sum of money,” Azimah added.

In a 2011 landmark ruling, judge Zaleha Yusof ruled that pregnancy was not a reason for Noorfadilla to be denied employment as an untrained relief teacher.

In adopting the United Nations’ Convention on the Elimination of All Forms of Discrimination Against Women (Cedaw), Zaleha ruled that Noorfadilla had the right to be appointed as a relief teacher and that the revocation of her placement was unconstitutional.

In reaching her judgement, Zaleha had cited Article 8(2) of the Federal Constitution which stated that there shall be no discrimination against anyone based on gender.

Noorfadilla, in 2010, sought a declaration that the termination of her contract just because she was three months’ pregnant was illegal.

She was offered the job on a month-to-month basis starting in mid-January 2009.

She was subsequently told to report for duty, but the offer was withdrawn when she informed the Hulu Langat district education office that she was pregnant.