In an award delivered earlier this week by Industrial Court chairman Augustine Anthony, the court found that Lim Chee Meng, a former senior pilot with Northport, had disseminated false information to third parties and acted insubordinately, justifying his dismissal in March 2022.
Lim, who had been employed by Northport since 2010, was dismissed following disciplinary proceedings arising from an email he sent in May 2021 to the health ministry and the Port Klang Authority at the height of the Covid-19 pandemic.
In the email, he alleged that the company had failed to assist a subordinate pilot who was experiencing Covid-19 symptoms.
The court found that the allegations were factually inaccurate and misleading, noting that Northport had already classified the pilot as a close contact, arranged for home quarantine and facilitated Covid-19 testing before the email was sent.
“The claimant’s suggestion that the company was unwilling to provide assistance was factually wrong, misleading and wholly unwarranted,” the court said in a 43-page award, adding that such statements could have serious consequences during a public health crisis.
Lim was subsequently issued a show cause letter citing three charges of misconduct. However, instead of responding in his capacity as an employee, he replied using the letterhead of Maritime Pilots Malaysia (MPM), claiming to act as its president.
He later failed to attend a domestic inquiry, which proceeded in his absence and found him guilty of two of the three charges.
Lim then challenged his dismissal at the Industrial Court, maintaining that he had acted as president of MPM and not as a Northport employee.
The court rejected Lim’s defence, finding that he had obtained the information through his role as a senior employee and could not shield himself behind his position in the association.
Given his senior position and the seriousness of the misconduct, the court ruled that Northport was entitled to say it had lost trust and confidence in Lim, and that dismissal was a proportionate response.
Lim’s claim for reinstatement and back wages was accordingly dismissed.
Northport was represented by T. Thavalingam and Aida Yasmin Cheree Mohamad, while Lim was represented by VK Raj and S.P Devi.