Ex-execs’ termination in Mara-linked company fair, Industrial Court rules

Ex-execs’ termination in Mara-linked company fair, Industrial Court rules

It says the termination was fair as they were considered 'surplus' and their positions not budgeted for.

Industrial Court chairman Zulbahrin Zainuddin said that the then group chief executive officer of the company had exceeded his authority by making the appointments. (File pic)
KUALA LUMPUR:
The Industrial Court has dismissed a claim for unfair dismissal by two former senior executives of a company linked to Majlis Amanah Rakyat (Mara) as its then group chief executive officer had exceeded his authority by making the appointments.

Industrial Court chairman Zulbahrin Zainuddin said Mara Corporation Sdn Bhd terminated the employment of Shamshun Hussain and Faizal Sham Abu Mansor as they were “surplus” and their positions were not budgeted for.

He said Badlisya Abdul Ghani did not follow the company’s limit of authority in appointing the duo on a fixed-term contract for two years. It also overshot the budget.

“This court finds that the employer has proven its case against the claimants on the balance of probabilities that the termination was fair,” he said in two separate awards released yesterday.

Shamshun was appointed head of corporate finance and treasury on Nov 9, 2020, with a monthly salary of RM40,000 while Faizal was appointed senior director of group finance and procurement on Oct 5, 2020, with a monthly salary of RM48,000.

Both were still under a six-month probation when their services were terminated on March 1, 2021.

They had gone to the Industrial Court seeking to be reinstated until their contracts expired.

Counsel Ravindra Kumar Rengasamy and Tham Li Vyen represented Shamshun and Faizal, while lawyers T Thavalingam, Aida Yasmin Cheree Mohamad and Anis Sabreena Abrizan appeared for the company.

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