Executive fired for viewing porn sues company


  • Nation
  • Friday, 09 Jan 2004

BY K. KASTURI DEWI

PENANG: A former senior executive is seeking RM2mil in damages from Dell Asia Pacific whichsacked him for viewing and transmitting pornographic materials. 

R. Ramamoorthy @ Wilson Ramamoorthy, 34, in his statement of claim, said he was unfairly dismissed as no action was taken against some other employees holding senior positions who allegedly committed similar acts. 

He claimed that Dell’s human resources senior manager Tiffany See issued him a notice dated Aug 5, 2002, stating that he downloaded files containing pornographic and offensive materials into the laptop issued to him by Dell between March 18 and May 27 that year. 

Among others, he was charged during the disciplinary proceedings with storing pornographic movies, sending e-mail messages and accessing Internet sites which contained sexually or racially offensive languages, text or pictures in breach of Dell’s code of conduct including Dell’s IT policy. 

Ramamoorthy

His service was terminated through a letter dated Aug 28, 2002. 

Ramamoorthy, represented by Jagdeep Singh Deo, said he suffered humiliation, emotional trauma, injury to his reputation and ultimately, loss of livelihood as a result of the company’s action. 

Ramamoorthy is seeking a declaration that the company's disciplinary proceedings were unlawful and unfair. 

He also sought general damages, including aggravated and exemplary damages for defamation, intimidation and harassment by the company, interest and costs. 

Dell, represented by Vijayan Venugopal, filed an application by way of summons-in-chambers to strike out Ramamoorthy’s suit on grounds that the relief sought by him was scandalous, frivolous and vexatious.  

It said an adequate alternative remedy already existed before the Industrial Court. 

The company added that the claim should be struck out on the basis that it might prejudice and delay the pending trial at the Industrial Court. 

High Court deputy registrar Sitarun Nisa Abdul Aziz fixed Feb 16 for the hearing of the application and ordered both parties to tender their written submissions prior to that date.  

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