Court: No reason needed to end expat musicians' contract


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.

Get 20% OFF The Star Digital Access

Monthly Plan

RM 13.90/month

RM 11.12/month

Billed as RM 11.12 for the 1st month, RM 13.90 thereafter.

Best Value

Annual Plan

RM 12.33/month

RM 9.87/month

Billed as RM 118.40 for the 1st year, RM 148 thereafter.

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

Next In Nation

PAS to meet before Aidiladha to deliberate continued Bersatu cooperation
Sabah PKR youth unfazed by exit of two division chiefs
Record number of 347,000 train tickets on sale for holiday period
Bipartisan committee can help expedite MA63 issues, 40% revenue rights, says Bangkuai
Bukit Aman to investigate those linked to discovery of prohibited items at Ipoh HQ lock-up
Police step up traffic management as Aidiladha exodus builds up in Gua Musang
MetMalaysia warns of thunderstorms in nine states until 7pm (May 24)
Raya exodus commences; traffic building up on several major expressways
Anwar scheduled to open two-day Sabah Kaamatan festival
WCE Section 3 targets year-end completion, to open in 2027

Others Also Read