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

Dead woman with thigh injuries washes ashore in Kota Tinggi
Man feared drowned while rescuing son in Sungai Lebir
Floods: Sarawak fully recovers fully as last evacuation centre closes
Minimum of 'C' in four core subjects for all students among targets in new education blueprint, says DG
Lorry driver dies after being pinned between two vehicles in Ulu Tiram
Umno AGM: Akmal a 'good child, though sometimes naughty', 'ayahanda' Zahid says in move to ease tensions
Umno AGM: 'Grand collaboration' not a revival of Muafakat Nasional, says Zahid
Umno wants to form grand collaboration to unite all Malay parties, says Zahid
Umno proposes law to protect teachers
No govt policies without Umno's consent, says Tok Mat

Others Also Read