Monday, February 6, 2023

Man Wins Suit Against Malaysian Government For Unfair Dismissal After Making Comments Against Politicians

Social NewsMan Wins Suit Against Malaysian Government For Unfair Dismissal After Making Comments...

Social media connects almost everybody who had access to the Internet and people are free to express themselves in their opinion. However, you’ll still need to be mindful on not making inappropriate comments, as it could bring you unnecessary harm.

Unfortunately for some, it could cost them their job for making remarks that are against our politicians.

In a recent tweet from @nas_rahmann, a lawyer, he shared that he came across an interesting case involving an individual and the Public Service Commission (SPA), as well as the Malaysian Government.

It all started when the man named Nazrul made a comment on the former prime minister Datuk Seri Najib Razak’s Facebook page, where the former premier sends his condolences to the late Chief Minister of Sarawak.

“Pity him, he lost his friend, and his deposit.” Nazrul said.

The comments he made does seem to have an implied meaning, but it all depends on who is the reader.

Unfortunately, disciplinary action was taken against him by his department and Nazrul was finally dismissed of his position.

However, Nazrul did not sit still, and he had brought the case up to the courts, claiming that he was unfairly dismissed by his employer, namely the Public Service Commission. His application for a judicial review failed initially, but his following application to the Court of Appeal succeeded.

Apparently, the Court of Appeal allowed his appeal based on the following reasons:

  1. The statement he made was towards Najib himself and not towards the Malaysian government.
  2. SPA failed to give a valid reason for his dismissal.
  3. The comment Nazrul made was too cryptic and the interpretation of those remarks depend on the individual.

Following which, the court has quashed SPA’s dismissal of Nazrul and ordered the Malaysian government to reinstate Nazrul‘s salary and benefits since he was unfairly dismissed.

Meanwhile, Nas Rahman said the law used in this case was the Public Officers (Conduct and Discipline 1993) Regulations instead of the Employment Act 1955.

From this incident, the lesson here is that we should be careful when making comments on social media to avoid such incidents. Who knows if something else is watching over you?

What do you think about this? Share your thoughts!

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