Fahmi applies to nullify ex-Finas CEO’s suit

Fahmi applies to nullify ex-Finas CEO’s suit

The communications and digital minister says the suit is an abuse of court process.

Communications and digital minister Fahmi Fadzil (left) has filed an application to strike out a wrongful termination suit brought by ex-Finas CEO Nasir Ibrahim.
PETALING JAYA:
Communications and digital minister Fahmi Fadzil has applied to strike out a lawsuit brought by Nasir Ibrahim, the former CEO of the National Film Development Corporation Malaysia (Finas), on grounds that it is an abuse of court process.

Fahmi also asked for all court proceedings to be halted pending the outcome of the striking out application.

“The suit does not disclose a cause of action,” Fahmi said in an affidavit to support his application.

Nasir claimed he was unlawfully terminated from employment five months before the expiry of his two-year contract.

Meanwhile, Finas board chairman Kamil Ahmad Othman and directors Mastura Ahmad Mustafa, Idwan Ariff Abdul Rahman and Noor Azam Shairi have filed a separate application asking for the case to be decided based on a point of law.

They said the suit should be annulled if the High Court decided in their favour.

Lawyer A Srimurugan said High Court deputy registrar Nur Shasha Hidayah Nor Azahan had given Nasir until Nov 14 to file affidavits in reply to both applications.

Shasha fixed the case for further case management on Dec 7.

Federal counsel Hairuliqram Hairuddin appeared for the minister, while counsel Nasbal Harun represented the other defendants.

By a writ and statement of claim filed on June 28, Nasir is seeking a declaration that a May 31 termination letter signed by Kamil is null and void under the law.

Nasir, who was appointed Finas CEO on a two-year contract on Nov 1, 2021, is also seeking general damages, special damages of RM135,000, plus interest at 5% per annum, and costs.

Nasir said the premature termination of his appointment had caused him embarrassment and mental stress.

In the statement of claim, he said the appointment came with a monthly salary of RM20,000 and another RM6,800 in allowances.

He said his appointment was governed by the Statutory Bodies (Discipline and Surcharge) Act 2000 and the minister could terminate his services by giving him a 30-day notice or pay him one month’s salary instead of the notice period.

Nasir claimed he was asked to leave in June after being paid one month’s salary.

However, he said the termination was done in bad faith and he was not given a good reason for his removal.

According to Nasir, his last day of service was on May 31, based on a letter signed by the minister on May 5.

He argued that Finas did not have a validly constituted board of at least nine people at the time. As there were only four people, the board was therefore not empowered to issue a termination letter, he claimed.

Nasir added that Fahmi had on June 1 told the media that the decision to terminate him was made by the Finas board without any interference from him.

In a June 1 statement, Finas confirmed that Nasir had been removed as CEO, following his own claim that he had been sacked.

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