KUALA LUMPUR: Women’s Aid Organisation (WAO) said it is extremely disappointed that a Malaysia Airlines flight supervisor had failed to get justice in the Industrial Court after she was terminated for being "overweight".
This is a case of discrimination – more specifically weight discrimination – the non-governmental organisation said.
WAO said it was also appalled by the way Malaysia Airlines shamed and discriminated flight attendants that it arbitrarily deems to be “overweight”.
“The onus is on Malaysia Airlines to prove that its weight criteria for flight attendants are indeed a bona fide or indispensable requirement of the job.
“Merely asserting notions of ‘image’ and ‘safety’ is not enough. After all, how does weighing an additional 0.7kg affect one’s job performance?
“The ability of flight attendants to provide excellent customer service ultimately lies in their interpersonal skills-rather than their body weight,” it said.
WAO said behind all the talk about “maintaining its image as a premium airline” lies the degrading and dehumanising idea that flight attendants are mere eye candy – an idea that is bolstered by sexist and unrealistic beauty standards.
“If Malaysia Airlines wants to be a respected airline, it’s time it treats its flight attendants – and all other staff – with the respect that they too deserve,” it said.
WAO also said the case also showed that Malaysia needs stronger anti-discrimination laws.
As such, it said the Human Resources Ministry must table the proposed anti-discrimination provision in the Employment Act as soon as possible.
“This would help hold irresponsible employers accountable and provide more avenues of redress for employees who face discrimination,” it said.
WAO added that it was also disappointed that the Industrial Court failed to challenge the rationale behind Malaysia Airlines’ weight management policy.
“Judges need to be trained on gender discrimination so that they are equipped to utilise provisions in the law to address such cases of discrimination.
“Tackling discrimination would ultimately help us create workplaces that are more inclusive and diverse,” it said.
In a ruling handed down last Friday, the Industrial Court ruled in favour of the national carrier in an unfair dismissal case filed of Ina Meliesa Hassim.
The then flight supervisor had filed a complaint against Malaysia Airlines under Section 20(3) of the Industrial Relations Act 1967 in September 2017 for her alleged wrongful dismissal.
At the time of her dismissal, she had been working with the company for about 25 years (including 23 years when the airline was known as Malaysia Airline System).
Industrial Court chairman Syed Noh Said Nazir @ Syed Nadzir ruled that Malaysia Airlines had proved on the balance of probabilities that the termination was with just cause or excuse.
“The court is convinced that the company had provided the claimant with ample opportunities and chances to comply with the company’s policy and that despite the many opportunities however, the claimant had consistently failed to achieve her optimal weight,” he said.
It was learnt that Ina Meliesa’s weight was found to be in excess of her body mass index (BMI) as stipulated in the company’s cabin crew grooming manual, in June 2015.
As her height was 160cm, the maximum permissible weight under the company’s grooming and uniform guidelines manual was 61kg. At the last official weigh-in on April 10, 2017, Ina Meliesa’s weight came in at 61.7kg.