KUALA LUMPUR: The 2017 sacking of a former Bank Negara Malaysia's (BNM) manager for participating in political activities was unlawful, the High Court ruled today.
Judge Datuk Ahmad Bache said BNM's internal inquiry conducted against Y. Kohila, involving three charges of breaching the employees' code was conducted unfairly, potentially undermining the integrity of the process.
In May 2017, the plaintiff was served with a show cause letter by the central bank over her support to Parti Sosialis Malaysia (PSM) and participating in a public gathering organised by the party in 2016.
After proceedings on May 30, 31, and June 2017, Kohila received a letter on July 19, 2017, stating that she was found guilty of all three charges and was instructed to leave BNM's premises within one hour.
She filed an appeal on Aug 3, 2017, but was rejected on Sept 5, 2017. Dissatisfied with the result, she filed the lawsuit on July 9, 2018.
Ahmad, in his judgment, said BNM during the inquiry had turned down Kohila's request for an external lawyer, to provide a witness statement as well as allowing an outside witness to testify in the proceedings.
"The plaintiff should be put as a defendant so she can defend herself, but the bank refused.
"She was put in a disadvantaged position... She did not have a chance to prepare for her defence during the inquiry.
"The plaintiff was not treated fairly. She did not have an opportunity to testify but only to be cross examined by the panelists," he said.
Ahmad said the main witness for the bank also agreed that Kohila should be given documents to prepare herself for the proceedings.
He said the proceeding (domestic inquiry) amounted to double standards and was not a smooth hearing as the plaintiff did not have time to answer her charges.
"There was no mitigation allowed against her... the procedure was seriously faulty.
"Had she been given the chance to litigate, it might have had a different result," he added.
The court set April 29 to decide the amount for special, general, exemplary, and aggravated damages.