Court: No reason needed to end expat musicians' contract


  • Nation
  • Wednesday, 02 Sep 2015

KUALA LUMPUR: Employers do not need to give a reason for not extending the employment of expatriates on fixed term contracts, ruled the Industrial Court.

In the case between seven foreign musicians against the Malaysian Philharmonic Orchestra, Industrial Court chairman Hapipah Monel ruled that a foreigner's employment in Malaysia was subject to obtaining work permits from the Immigration Department.

As such, the employers were not in the position to guarantee automatic renewals of fixed term contracts.

This also meant the employers are protected from wrongful termination suits, should no issue arise about the fixed term contract.

The suit initiated by violinist Toko Inomoto and six other orchestra members, challenged their former employer’s decision not to extend their contracts which expired on Aug 15, 2012.

Hapipah found that the musicians were aware that their contracts were for a fixed-term period of two years, and not meant as a permanent position.

She ruled that the musicians’ fixed term contracts had naturally expired, thus the MPO did not even need to dismiss them, leaving no basis for a wrongful dismissal suit.

The case was first referred to the Industrial Court on Jan 31, 2013, and heard over six days between Jan and April 2014.

The seven musicians - Ikomoto,  timpanist Paul Andrew Philbert, trombonist Kevin Hugh Thompson, percussionist Darcey Layne Timmerman, and violinist Markus Gunderman, Liu Jian and Brian C. Larson - had been long time employees, some even founding members of the MPO.

Save 30% OFF The Star Digital Access

Monthly Plan

RM 13.90/month

RM 9.73/month

Billed as RM 9.73 for the 1st month, RM 13.90 thereafter.

Best Value

Annual Plan

RM 12.33/month

RM 8.63/month

Billed as RM 103.60 for the 1st year, RM 148 thereafter.

Follow us on our official WhatsApp channel for breaking news alerts and key updates!

Next In Nation

Sisters detained for multiple petrol purchases in Tumpat
Cops on the hunt for trio behind RM2mil Taman Hillview heist
Kok lodges reports over fake 'halal certification' article
Two students still receiving treatment after HELP University explosion
There are many 'Akmal Saleh' who can replace me, says Umno Youth chief
Puteri Umno defends raising wing's age limit to 40
Johor Environment Dept issues RM1.16mil in compounds for harmful activities in 2025
Former security guard jailed seven years for stealing 17 gold bars and jewellery
Selangor records 61% fewer dengue cases in 2025
Three experience breathing difficulties after ammonia gas leak in Negri

Others Also Read