Ex-hotel executive loses court appeal

KUALA LUMPUR: A former operations director yesterday lost her appeal against a High Court decision which quashed an Industrial Court award in her favour for constructive dismissal following allegations of sexual harassment. 

Three Court of Appeal judges unanimously rejected Lilian Theresa De Costa’s appeal and upheld the High Court’s decision handed down on Aug 12, 1997. 

“We are of the view that the learned High Court judge was right in coming to his conclusion. The appeal is therefore dismissed with costs,” said Justice Abdul Hamid Mohamad, who also sat with Justices Arifin Zakaria and Mohd Ghazali Mohd Yusoff.  

The judges had reserved their judgment on the appeal after hearing submissions by respective counsel for De Costa and Jennico Associates Sdn Bhd on Tuesday. 

V. Ravindran appeared for the appellant, while Alvin John and Harjinder Kaur represented the company. 

De Costa joined Jennico Associates, the owner and operator of a hotel here, on Nov 8, 1993. She resigned on Feb 22, 1994, alleging that the company’s managing director had sexually harassed her on two occasions.  

She then filed a claim at the Industrial Court against the company, claiming constructive dismissal and that her resignation was without just cause. 

In 1996, the Industrial Court found in her favour and ruled that both allegations of sexual harassment and the events leading to her resignation had been proven “on a balance of probabilities.” 

The award was, however, quashed after High Court judge Justice Azmel Maamor allowed Jennico Associates’ application for a certiorari order.