Industrial Court awards RM2mil to ex-manager for unlawful dismissal FMT Reporters - 11 Apr 2023, 2:57pm PETALING JAYA: The Industrial Court has awarded a former manager at a multinational medical services company more than RM2 million in compensation and back wages for unlawful dismissal. Cliford Lawrence Patrick, who was MIMS Group of Companies’ regional vicepresident for listings, had served the company for 19 years before he was dismissed on June 10, 2019. Court chairman Syed Noh Said Nazir @ Syed Nadzir held that the company failed to prove that Patrick’s performance was “unsatisfactory” to justify sacking him. MIMS had claimed that Patrick was unable to meet the sales target and lacked strategic planning skills. Before his sacking, Patrick had been told to take up a mutual separation exercise as a “resignation” option, but he rejected it. He was subsequently placed under a performance improvement plan (PIP) for several months in 2019, before his services were terminated in June the same year. Syed Noh found that no disciplinary action had been taken against Patrick throughout his service. “On the contrary, he was promoted five times during his 19 years (with) the group, from business manager to senior business manager. “He then became the group’s business manager and, subsequently, was promoted as the division manager and general manager in the Philippines. “As such, it can be said that he was instrumental in growing the company’s business, which led to multiple promotions, and has never been a poor performer,” he said. The court also found that as the vice-president for listings, Patrick had performed his duty, as instructed, to reduce the quantum of losses suffered by the company. “His performance was commendable in light of the projected downturn in the listings business. “This cannot be said to be of poor performance. Placing him under the PIP was part of a series of oppressive conduct by (then company CEO) Yasunobu Sakai with mala fide intent to drive him out of the company,” Syed Noh said. The court awarded Patrick RM949,698 in compensation in lieu of reinstatement as well RM1.06 million as back wages. Lawyers Donovan Cheah and Lim Zi Han appeared for Patrick, while P Jayasingam and Sandeep Singh Sidhu represented MIMS. Question 1 Based on the above case and from your reading, describe FIVE (5) causes of unfair dismissal claim made at the Industrial Court. please give explanation with example Question 2 MIMS Group of Companies could have prevented Tengku Cliford Lawrence Patrick’s unfair dismissal claim referred to the Industrial Court. Explain FIVE (5) management (organisational) strategies that could be employed to prevent unfair dismissal claims by workmen. please give explanation with example
Industrial Court awards RM2mil to ex-manager for unlawful dismissal FMT Reporters - 11 Apr 2023, 2:57pm PETALING JAYA: The Industrial Court has awarded a former manager at a multinational medical services company more than RM2 million in compensation and back wages for unlawful dismissal. Cliford Lawrence Patrick, who was MIMS Group of Companies’ regional vicepresident for listings, had served the company for 19 years before he was dismissed on June 10, 2019. Court chairman Syed Noh Said Nazir @ Syed Nadzir held that the company failed to prove that Patrick’s performance was “unsatisfactory” to justify sacking him. MIMS had claimed that Patrick was unable to meet the sales target and lacked strategic planning skills. Before his sacking, Patrick had been told to take up a mutual separation exercise as a “resignation” option, but he rejected it. He was subsequently placed under a performance improvement plan (PIP) for several months in 2019, before his services were terminated in June the same year. Syed Noh found that no disciplinary action had been taken against Patrick throughout his service. “On the contrary, he was promoted five times during his 19 years (with) the group, from business manager to senior business manager. “He then became the group’s business manager and, subsequently, was promoted as the division manager and general manager in the Philippines. “As such, it can be said that he was instrumental in growing the company’s business, which led to multiple promotions, and has never been a poor performer,” he said. The court also found that as the vice-president for listings, Patrick had performed his duty, as instructed, to reduce the quantum of losses suffered by the company. “His performance was commendable in light of the projected downturn in the listings business. “This cannot be said to be of poor performance. Placing him under the PIP was part of a series of oppressive conduct by (then company CEO) Yasunobu Sakai with mala fide intent to drive him out of the company,” Syed Noh said. The court awarded Patrick RM949,698 in compensation in lieu of reinstatement as well RM1.06 million as back wages. Lawyers Donovan Cheah and Lim Zi Han appeared for Patrick, while P Jayasingam and Sandeep Singh Sidhu represented MIMS.
Question 1 Based on the above case and from your reading, describe FIVE (5) causes of unfair dismissal claim made at the Industrial Court. please give explanation with example
Question 2
MIMS Group of Companies could have prevented Tengku Cliford Lawrence
Patrick’s unfair dismissal claim referred to the Industrial Court. Explain FIVE (5)
management (organisational) strategies that could be employed to prevent unfair
dismissal claims by workmen. please give explanation with example
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