Noorfadilla Ahmad Saikin had in 2011 sued the government after they revoked her job offer as a temporary teacher after the Hulu Langat district education office found out she was pregnant.
In 2014, the Shah Alam High Court deputy registrar awarded her RM300,000 in damages after a judge allowed her lawsuit that claimed she had been discriminated against.
Lawyer Honey Tan, who represented Noorfadilla, said that the government later appealed against the amount and subsequently, the amount was reduced to only RM30,000.
The Court of Appeal maintained the RM30,000 award but gave another RM10,000 to her as damages for “pain and suffering”.
Tan added they were granted leave from the Federal Court to determine what are the criteria that should be considered by the courts in accessing damages on breach of constitutional rights.
“The court agreed with us that there is a need for certain criteria to be considered in assessing the quantum of damages,” the lawyer said.
Tan said, in Noorfadilla’s case, there were no guidelines as to how the damages are to be quantified.
“We want some clarity because the registrar awarded RM300,000 at first but then later, the High Court reduced it to RM30,000 upon appeal.
Tan is hopefule of Noorfadilla’s case setting a precedent for all public interest cases in future.
“This is important to all human rights litigants when they bring a case on the violation of their constitutional rights, and if they are seeking damages for such violation”.
She added that it was the apex court which has to answer the questions of law and set the guidelines on assessment of damages in such cases.