Ex-council engineer denied higher payout for wrongful dismissal
PUTRAJAYA: The Court of Appeal today dismissed the appeal of a former Seberang Prai Municipal Council engineer who was seeking higher compensation following his wrongful dismissal in 2013.
Mohd Sobri Che Hassan, 49, had sought damages covering the period from the Federal Court's ruling in 2019 up to 2035, the year he would have reached the mandatory retirement age of 60.
His claim also included pension, gratuity, and other employment-related benefits, which had been previously dismissed by the High Court.
In a unanimous decision, the Court of Appeal's three-member panel, chaired by Justice Datuk Mohd Nazlan Mohd Ghazali, upheld the High Court's ruling, which had capped Mohd Sobri's compensation at RM440,000.
The sum awarded represents six years' worth of salary, bonuses, and a golden handshake payment, calculated from the date of his dismissal on Dec 3, 2013, to the Federal Court's decision on Oct 21, 2019.
Justice Nazlan, delivering the court's decision, affirmed that the High Court had correctly assessed the quantum of damages.
Justice Mohd Nazlan held that Mohd Sobri was not entitled to any benefits beyond Oct 21, 2019, which is the date of the Federal Court's ruling.
Sitting alongside Justices Datuk Azimah Omar and Datuk Dr Alwi Abdul Wahab, Justice Nazlan also ordered Mohd Sobri to pay RM10,000 in costs.
The case originated from Mohd Sobri's dismissal in 2013 after he was found guilty of breaching disciplinary rules.
His application for judicial review against the Seberang Prai Municipal Council's disciplinary authority and the municipal council was dismissed by the High Court in 2015.
However, in 2017, the Court of Appeal allowed his appeal, quashed the dismissal via a certiorari order, and directed that damages be assessed.
On Oct 21, 2019, the Federal Court upheld the Court of Appeal's decision, affirming the certiorari order that quashed Mohd Sobri's dismissal.
However, the Federal Court also ruled that any compensation due was limited to the period between the date of his dismissal and the date of the Federal Court's decision.
Pursuant to that ruling, the High Court assessed the quantum of damages and, on April 4 last year, awarded Mohd Sobri RM440,000.
The court, however, dismissed his claims for compensation extending to his mandatory retirement in 2035, as well as claims for pension, gratuity, loss of promotion opportunities, bonuses, medical benefits, damages for embarrassment, and legal costs.
At today's hearing, Mohd Sobri was represented by counsel Vijaya Navaratnam and Loh Jia Chun, while the respondents were represented by Karin Lim Ai Ching, M. Murgan and Clifford Ong Zun Lung.
— Bernama
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