Suhakam officer files judicial review to challenge demotion

Suhakam officer files judicial review to challenge demotion

Alfonso Min wants to be reinstated as principal assistant secretary and disciplinary proceedings brought against him declared null and void.

Mahkamah kota kinabalu
Alfonso Min wants the Kota Kinabalu High Court to compel Suhakam to reinstate him as a principal assistant secretary with full seniority and benefits, and for disciplinary proceedings brought against him to be declared null and void.
PETALING JAYA:
An officer has filed for a judicial review over his demotion by the Human Rights Commission of Malaysia (Suhakam), and is seeking damages.

Alfonso Min is also asking for a mandamus to compel Suhakam to reinstate him as a principal assistant secretary with full seniority and benefits, and for disciplinary proceedings brought against him to be declared null and void.

In addition, Min is seeking compensation for loss of salary, allowances and statutory contributions, and “further consequential and equitable reliefs”.

He claims he was demoted from Grade 48 to Grade 41 last August without due process—purportedly for underperformance—leading to a pay cut.

Min, who is based in Kota Kinabalu, Sabah, rejects allegations of underperformance, insisting he has consistently fulfilled his duties responsibly and efficiently.

He also challenged the assessment process, claiming it was conducted solely by the organisation’s secretary, rather than jointly with the deputy secretary as required.

Following his demotion, Min, who joined Suhakam in 2013, claimed he was ordered to repay a portion of his salary from April to August 2024, and had his appeals summarily rejected, thrice.

Six months ago, Min told FMT that he “had no other choice but to pursue legal action”.

In response, Suhakam said all its actions were in line with legal and procedural guidelines and refused to comment further “as the due process according to our rules and regulations (was) ongoing”.

On July 23, Min filed his application for leave to commence judicial review at the Kota Kinabalu High Court via his lawyer, K Rakhbir Singh.

He named Suhakam and its disciplinary committee as the first and second respondents respectively.

Min claims Suhakam acted in bad faith in its handling of his 2023 performance evaluation, and that the subsequent demotion and withholding of salary since September 2024 constituted unlawful breaches of contract.

He claims that the matter has created unnecessary hardship, reputational harm and uncertainty over his employment status.

The case is fixed before the High Court on Sept 8.

When contacted, Min said the entire affair has been one of the most difficult chapters in his life.

“I have always served as a Suhakam officer with sincerity and dedication, and it deeply hurt to be treated in a way I believe was unfair. I am not seeking revenge—I am seeking accountability.”

Min said every Suhakam officer, regardless of position, deserves to be treated with dignity, transparency and due process.

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