Abdul Kudus loses civil suit against MPAJ over his dismissal


  • Nation
  • Friday, 27 Aug 2010

KUALA LUMPUR: Former Ampang Jaya Municipal Council (MPAJ) enforcement director Kapt (Rtd) Abdul Kudus Ahmad lost in his civil suit against the council after the High Court ruled that his dismissal seven years ago was valid.

Judge Justice Noor Azian Shaari dismissed the suit with costs Friday.

"The plaintiff (Abdul Kudus) is not entitled to question the motive of the defendant (MPAJ) because he entered into the agreement voluntarily.

"The dismissal letter is valid and the defendant has the right to terminate the service of the plaintiff," the judge said in her judgment.

Justice Noor Azian said she was bound by two Federal Court cases on termination clauses on the agreement that the employer has the right to terminate with reasonable notice.

Speaking to reporters later, Abdul Kudus, who is now self employed, 48, said he did not expect such a verdict.

"Until today, I do not know why I was dismissed," he said.

His lawyer, M. Manoharan said he would appeal against the court ruling.

The judge decided the case after hearing evidence from three witnesses as both parties could not reached an out-of-court settlement.

Abdul Kudus is the sole witness on his part of evidence while MPAJ's personnel officer Norlela Kamsi and its secretary Abdul Hamid Hussin testified for the council.

On June 7, 2006, Abdul Kudus filed the civil suit asking for a declaration that his dismissal by the council's disciplinary board on June 11, 2003 was invalid and unlawful.

In his indorsement of claim, he sought for a declaration that he was still an enforcement officer entitled to all his backdated wages, allowances and benefits.

Apart from interest and costs, he also applied for general, exemplary and aggravated damages from the council.

In his statement of claim, Abdul Kudus stated that he had entered into an agreement with MPAJ to be employed as an enforcement officer for three years from Jan 15, 2001.

However, he said, the council's disciplinary board in a letter dated June 11, 2003 decided to unlawfully dismissed him on the same day.

He claimed that the board had terminated his service in mala fide manner after recording hearsay evidence published by the local newspapers due to an alleged slander by a minister against him.

He claimed that he was not given a chance to mitigate before his dismisal.

In statement of defence filed by MPAJ on Aug 29, 2006, the council stated that the three-year contract signed by the plaintiff was terminated in accordance with provisions of the law.

On June 30 last year, Abdul Kudus was jailed 11 years and 10 months and fined RM370,000 by the Ampang Sessions Court on 24 counts of bribery involving RM59,000. His criminal appeal is set for decision at the Shah Alam High Court on Sept 2.

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