<figure id="attachment_2715758" aria-describedby="caption-attachment-2715758" style="width: 1600px" class="wp-caption alignnone"><img loading="lazy" class="size-full wp-image-2715758" src="https://media.freemalaysiatoday.com/wp-content/uploads/2024/03/823232c0-mahkamah-perusahaan-malaysia-fb-pic-210324.jpg" alt="mahkamah perusahaan malaysia" width="1600" height="1000" /><figcaption id="caption-attachment-2715758" class="wp-caption-text">Wong Si Jing was awarded RM152,000 in compensation after the Industrial Court ruled China Communications Construction Company (ECRL) Sdn Bhd had wrongfully dismissed her from employment. (Facebook pic)</figcaption></figure>
PETALING JAYA: A former China Communications Construction Company (ECRL) Sdn Bhd employee was awarded RM152,000 in compensation after the Industrial Court ruled that her dismissal was unlawful.
Wong Si Jing took the East Coast Rail Link’s main contractor to court following her sacking more than two years ago, purportedly on grounds that her position had been made redundant.
Wong was appointed in July 2022 as contracts manager, with her tenure expected to run until the project’s completion this year.
However, in June 2023, she was informed that the company would not renew her contract which, it said, would expire on Aug 2 that same year. The company said the decision not to renew the contract was due “to a shift in its project priorities.”
“And as a result, we anticipate a reduced need for your specific skill set and experience,” the termination letter read.
Wong however denied the contract would expire in August, arguing that the purported “non-renewal” of her contract was, in fact, a dismissal without just cause or excuse.
She argued that her role was “indispensable” and could not be deemed redundant.
Wong also believed that her role would be taken over by a Chinese national, which was later confirmed by the company’s witness, a quantity surveyor, who assumed the role after Wong left.
The quantity surveyor was both Wong’s subordinate and a Chinese national.
Ruling in Wong’s favour, Industrial Court chairman Andersen Ong found that her role was not redundant at the time of her dismissal, concluding that the purported retrenchment was “neither bona fide nor in accordance with the principles of industrial law”.
“In the absence of any valid or cogent reason, the irresistible conclusion appears to support (Wong’s) contention that she was replaced by the quantity surveyor because the company, being wholly-owned by a Chinese entity, intended and favoured a Chinese national to fill her position.”
Wong was represented by Louis Liaw, while Lai Zhi Ru and Choo Dee Wei acted for the company.

MatchPoint Times

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