Crime & Courts

Company told to pay RM66,000 for constructive dismissal of pregnant employee

KUALA LUMPUR: A former assistant office administrator was awarded RM66,000 by the Industrial Court after ruling that her employer was guilty of constructive dismissal.

The court found that Bru-Haas Sdn Bhd, a company dealing in electrical, electronic, and telecommunications products, employed tactics to coerce Choong Siew Fong into resigning during her pregnancy.

These actions, taken amid Choong's concerns about the risks of Covid-19 to her unborn child, were deemed a breach of trust by the court chairman, Augustine Anthony.

Anthony highlighted the company's failure to address breaches in the employment contract, despite being notified by Choong's legal representatives.

He underscored the employer's retraction of assurances regarding remote work during Choong's pregnancy and their insistence on her returning to the office against medical advice.

The court condemned the company's attempt to pressure Choong into resigning, including the preparation of her final pay and termination letter without proper discussion.

Despite Choong securing alternative employment, reinstatement was deemed inappropriate. Consequently, she was awarded RM54,000 in back wages and RM12,000 in compensation for the loss of reinstatement.

Choong was represented by lawyers Iris Lim and Chang Carrie, while Bru-Haas was represented by Sarita Ashok Khandar and Vimalan Ramanathan.

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