KUALA LUMPUR: The Industrial Court has ordered Sistem Televisyen Malaysia Bhd (STMB) to reinstate a former senior executive who was retrenched in 2002 when its subsidiary Ambang Klasik Sdn Bhd ceased operations.
Court chairman Datuk Ahmadi Asnawi ruled yesterday that Suzana Zakaria was dismissed without cause.
Ahmadi held that the company failed to show why Suzana was singled out for retrenchment.
He ordered that she be reinstated to her former position within two weeks of the date of the award on Feb 28 without any loss of seniority and benefits.
Payment of arrears or wages is to be backdated to her dismissal on Feb 8, 2002, minus retrenchment benefits already paid.
At the time of her retrenchment, Suzana was earning a monthly salary of RM3,080.
She began her career with STMB on April 1, 1995, as an executive production resources personnel with the entertainment department.
On Aug 1, 1996, she was transferred to Ambang Klasik, and was promoted to senior executive of the album production section on Jan 1, 2001.
At the trial last year, STMB said Suzanas retrenchment was due to her position, which was rendered redundant when Ambang Klasik folded.
Ahmadi said to prove redundancy, the company should first prove that there was a surplus of labour or that the requirement of the job functions of the employee had ceased.
The claimant said she was also prepared to take any post, even that of a receptionist, said Ahmadi.
He also ruled that although there was an offer by STMB to relocate Suzana, it was only made verbally and her decision to wait for an official letter could not be construed as a rejection of the offer of alternative employment.
He said there was an assurance by STMB that none of the Ambang Klasik staff would have their employment terminated.
True enough, all were employed elsewhere expect for the claimant and another staff for reasons best known only to STMB, said Ahmadi.