GEORGE TOWN: A soft drinks company here has been ordered to pay RM176,420 to a former sales executive for wrongful dismissal.

The Industrial Court ordered F&N Coca-Cola Sdn Bhd to pay the sum, comprising backdated wages and compensation in lieu of reinstatement, to Ng Tai Lai.

Industrial Court chairman Ahmad Terrirudin Mohd Salleh said Ng's dismissal in 2004 was without just cause and excuse.

He found the company had failed to give any basis for retrenching Ng as the company's reorganisational study to justify the action was never produced.

Ahmad Terrirudin also noted that no attempts were made by the company to produce the study.
"The court finds that the company has not produced evidence that justified its need for reorganisation in order to promote economic efficiency and viability."

Without the evidence, he said, the court was of the view that the company's reorganisation was not necessary.

Ahmad Terrirudin also concluded that the issue of redundancy did not arise at the time to justify Ng's retrenchment.

The fact that Ng had been unemployed from the day he was terminated showed that he had suffered a huge loss of income.

He ordered the company to pay Ng back wages from the time of his dismissal to the last hearing date on March 27.

He also ordered the company to pay, in lieu of reinstatement, one month's salary for every year of service from the date of employment on Feb 16, 1983 to the date of dismissal.

Ng's counsel Ajit Singh Jessy, in his written submission, said that not an iota of evidence was produced to support the company's claims that there was a need to reorganise its operations.

Ajit further submitted that all other employees, except for Ng, who had not accepted the voluntary separation scheme, were offered alternative employment.

Allen Netto, representing the company, contended that it had no duty to find alternative employment for Ng.