Ex-US embassy guard files appeal to reinstate Industrial Court award

Ex-US embassy guard files appeal to reinstate Industrial Court award

Lawyer K Ragunath says they have also written to the High Court for the grounds of judgment.

(From left) Former US embassy security guard L Subramaniam with PSM secretary-general S Arulchelvan and lawyer K Ragunath.
PETALING JAYA:
A former US embassy security guard has gone to the Court of Appeal to set aside a High Court judicial review which quashed an Industrial Court award on his dismissal from employment.

Lawyer K Ragunath, appearing for L Subramaniam, said a notice of appeal was filed in the High Court registry on Monday.

“We have also written to the High Court to obtain the grounds of judgment so that we can indicate where the judge erred in law and facts,” he told FMT.

Case mention has been fixed for July 1.

On Monday, Justice Amarjeet Singh quashed the Industrial Court’s award of RM66,000 made in favour of Subramaniam for his dismissal from employment 15 years ago.

In a decision handed down via email to the parties, Amarjeet declared that the Industrial Court did not have jurisdiction over the US government.

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

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

The application seeking to annul that award was filed by the US government on Aug 9 last year, naming the Industrial Court and Subramaniam as the first and second respondents.

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