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MAHB unit wrong to sack engineer for refusing Covid-19 tests, court rules
Free Malaysia Today
Follow
2/13/2025
The Industrial Court says the firm was wrong to require the employee to take a test at a private clinic twice weekly at his own cost.
Read More:
https://www.freemalaysiatoday.com/category/nation/2025/02/14/mahb-unit-wrong-to-sack-engineer-for-refusing-covid-19-tests-court-rules/
Laporan Lanjut:
https://www.freemalaysiatoday.com/category/bahasa/tempatan/2025/02/14/anak-syarikat-mahb-salah-pecat-jurutera-berkait-ujian-covid-19-kata-mahkamah/
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Transcript
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00:00
The Penang Industrial Court ruled that Malaysia Airport's Indiran Berhad, a wholly-owned
00:06
subsidiary of Malaysia Airport's Holdings Berhad, wrongfully dismissed its senior executive
00:11
engineer for refusing to take COVID-19 tests at a clinic twice weekly at his own cost.
00:18
Court Chairman Ruzita Lazim found Irfan Sani Rashid's dismissal unjust, saying that MASB
00:23
should have accepted Irfan's offer to conduct supervised self-tests in the office.
00:29
She said the company's actions were maliciously intended to terminate Irfan for insubordination
00:33
and serious misconduct, even though he had no prior disciplinary record.
00:39
Ruzita said the national COVID-19 policy only required testing before entering the workplace
00:44
and did not mandate expensive clinic tests.
00:48
The court found MASB's requirement for employees to pay for health certificates to be in contravention
00:54
of the national testing strategy that came into force on November 26, 2021.
01:00
While the court ruled in Irfan's favor, Ruzita noted that he must bear some responsibility
01:05
for refusing RTK-AG tests certified by a doctor, leading to a 10% deduction from his back wages.
01:12
After an additional 40% deduction for the post-dismissal earnings, Irfan was awarded
01:17
RM 100,743, including RM 40,297 as compensation for his eight years of service.
01:26
Dhanush Rajareza, FMT News.
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