In a decision handed down via email to the parties, Justice Amarjeet Singh issued a declaration that the Industrial Court did not have jurisdiction of the US government.

Amerjeet also held that L Subramaniam’s termination from employment for misconduct was an internal matter, and ordered Subramaniam to pay the US government RM8,000 in costs.

Lawyers Lim Heng Seng and Summer Chong represented the US government and Ragunath Kesavan appeared for Subramaniam, while senior federal counsel Liew Horng Bin acted as amicus curiae.

In an award handed down on April 27 last year, the Industrial Court found that Subramaniam had been unlawfully dismissed from his employment. The court ordered the US embassy to pay him RM66,000 in compensation and back wages.

Today’s decision was in respect of an application filed by the US government on Aug 9 seeking to annul that award. The application named the Industrial Court and Subramaniam as the first and second respondents.

It sought a declaration by the High Court that Subramaniam’s dismissal for disciplinary misconduct was an internal matter and that the country and its embassy had immunity and were not subject to the jurisdiction conferred on the Industrial Court by Section 20(3) of the Industrial Relations Act 1967.

In earlier proceedings, the High Court on Jan 8, 2020 ruled that the US government and its embassy were protected by immunity and prohibited the Industrial Court from adjudicating on the lawfulness of Subramaniam’s dismissal from employment.

However, in 2021, the Court of Appeal overturned the High Court decision and ordered that the Industrial Court proceed to hear the dispute.

An appeal by the US government to the Federal Court from the Court of Appeal’s decision was rejected.

Subramaniam served the embassy as a security guard for more than 10 years prior to his dismissal in 2008.