An IT engineer, Tan Seng Kok, was awarded RM342,900 by the Industrial Court of Malaysia after being unfairly dismissed by his employer, Sunshine Bread Sdn Bhd, following a prolonged recovery from Covid-19.
Here’s a detailed chronology of the events leading to the court’s decision:
June 30, 2021: Contracting Covid-19
Tan was admitted to a quarantine centre in Serdang, Selangor, where he was diagnosed as a Category 5 Covid-19 patient, the most severe category. His health situation required extensive care, leading to a prolonged recovery period, reported NST.
June 30, 2021 – April 26, 2022: Recovery and Leave
During his recovery, Tan took 183 days of various types of leave, including hospitalisation, medical, annual, and unpaid leave. His leave was expected to end on April 26, 2022.
April 4, 2022: Health Check-up
Following instructions from Sunshine Bread, Tan attended an occupational safety and health check-up at a private clinic in Kajang, Selangor.
The doctor’s report certified him as fit to work without restrictions or conditions, although Tan still suffered from some lingering post-Covid symptoms like lethargy and shortness of breath.
April 22, 2022: Return-to-Work Notice
Sunshine Bread sent Tan a letter instructing him to return to work by April 27. The letter warned that failure to do so would result in him being considered as having abandoned his job.
April 26, 2022: Request for Additional Leave
Unable to access the company’s online leave application system, Tan emailed his employers to request an additional 22 days of unpaid leave for physiotherapy and rehabilitation. He informed them that he would return to work on June 1, 2022.
April 28, 2022: Termination of Employment
Despite his request for additional leave, Sunshine Bread terminated Tan’s employment on April 28, citing his failure to return to work the day before.
April 29, 2022: Rejection of Leave Request
A day after his termination, the company issued a letter rejecting Tan’s leave request, stating that it was unreasonable and unsubstantiated. The Industrial Court later noted that this letter appeared to be an afterthought, as it was issued after Tan’s dismissal.
Court proceedings
In the court’s 27-page ruling, Industrial Court chairman Eswary Maree highlighted several key findings:
- The leave rejection letter appeared to be an afterthought, issued after the termination, indicating a pre-planned intention to dismiss Tan.
- The company had blocked Tan’s access to the online leave application system, showing a lack of support for his ongoing health struggles.
- Despite the company’s awareness of Tan’s post-Covid conditions, they did not allow him the option of working from home, even though a medical report suggested that an alternate working scheme could have been appropriate.
- The Occupational Health Doctor (OHD) report, while stating Tan was fit to work, acknowledged several reversible medical conditions, including lung and kidney issues, which should have warranted the additional leave request.
Court ruling: RM342,900 awarded
Eswary ruled that Sunshine Bread acted with pre-planned malice and lacked the necessary compassion and understanding towards Tan’s health situation. The company’s actions, including the termination without giving Tan a chance to be heard, were deemed unfair.
Tan, whose last drawn salary was RM12,700 per month, was awarded 24 months’ back wages and an additional three months’ salary as compensation in lieu of reinstatement.
The case was represented by Lee Kai Yet and Lim Chun Weng for Tan, while Sunshine Bread was represented by Adam Abdullah, Adlina Atikah Zainal Abidin, and Nur Khairunnisa Adriana Zainuddin.
