Md Nor Kassim, a Maybank branch manager, is said to have on several occasions sent SMSs containing inappropriate words such as “ILU” (which stands for “I love you”) and lending a book entitled “100 Rahsia Kehebatan Lelaki” to the complainant, Rohaida Kamarudin.
Justice Umi Kalthum Abdul Majid said the order of the High Court was set aside and the award of the Industrial Court on March 3, 2014, was reinstated.
The Industrial Court had ordered Malayan Banking Bhd to reinstate Md Nor to his former position.
Umi said the Industrial Court chairman had observed that it would be
difficult to conclude that the act of Md Nor lending the book (“100 Rahsia
Kehebatan Lelaki”) to Rohaida amounted to an act of sexual harassment.
She said the complainant did not dispute the fact during hearing that Md Nor had lent her the book and she did not register discomfort upon receiving it.
“Moreover, she had kept it further for one week and had told the contents of the said book to a witness (Abdul Rahman Hood) even though she had denied reading the said book,” said Umi who delivered the 12-page written judgment which is now posted on the judicial website.
Justice David Wong Dak Wah chaired the bench while the third member was Justice Abdul Rahman Sebli.
Umi said the bench agreed with the chairman in concluding that if Rohaida had not been interested in the book she could have easily turned down the offer by Md Nor.
Umi said the bench observed that she had handed over the book to her husband to read and this certainly did not show her distaste.
On the alleged SMSs of obscene nature, the bench said the Industrial Court found it had occurred between 2008 until 2009 and the abbreviation “ILU” was found to be motivational in nature.
“The chairman found that there was no evidence to suggest that the same SMS was not sent to any other subordinates and that Rohaida was the only recipient of such SMS,” Umi said.
She said the chairman’s conclusion was a finding of fact and done based on the credibility of the witnesses.
“The position of the law in relation to the judicial review is clear. The review court must not disturb the findings of fact unless they were findings that were so unreasonable in its defiance of logic that no tribunal similarly circumstanced could reasonably reach that finding,” she added.
Umi said Rohaida’s conduct did not indicate that she abhorred and loathed the whole transaction.
She said there was no illegality in the findings of fact and that there was an indepth and proper appreciation of the facts and law by the chairman.
“The chairman had taken into account the whole circumstances of the
professional relationship between the witnesses and Md Nor,” Umi said.
The bank started a domestic inquiry after Rohaida made a verbal complaint in January 2010.
She had also lodged two police reports against Md Nor.
The judgment said the bank’s investigations revealed the alleged misdemeanours were not isolated incidents and Rohaida was not the only victim of the alleged sexual harassment.
There were other female staff who suffered similar harassment but did not report these incidences for fear of being victimised by Md Nor who was then their superior.
The domestic inquiry later found Md Nor guilty of grave misconduct and dismissed him from service on August 22, 2010.