Penang GLC ordered to pay nearly RM120k for firing pro-opposition staff
The Industrial Court ruled that Penang Tech Centre Bhd had dismissed Sivakumar Kanniah (right) and Jason Raj Kirupanantha (left) without just cause.
GEORGE TOWN : A Penang government-linked science centre has been ordered to pay RM117,560 to two staff sacked for backing an independent candidate in the 2023 state election.
The Industrial Court ruled that Penang Tech Centre Bhd, which runs Tech Dome Penang, dismissed Sivakumar Kanniah, 48, and Jason Raj Kirupanantha, 38, without just cause.
Located in Komtar's geodesic dome and launched in 2016 at a cost of RM23.2 million, Tech Dome showcases interactive science and tech exhibits to inspire students in science, technology, engineering and mathematics.
Sivakumar, a pioneer staff member who rose to operations manager earning RM5,200 monthly, was awarded RM92,560 in back pay for two years, minus income earned after his dismissal on Nov 15, 2023.
Jason, a senior government affairs coordinator, was awarded RM25,000 for the early termination of his contract, which had been set to run until March 31, 2024. He was dismissed on Nov 9.
Both men sought reinstatement and extra damages, but the court declined, citing no bad intent from the company and a breakdown in trust.
Tech Dome claimed they had breached trust by campaigning for independent candidates aligned with former deputy chief minister II P Ramasamy, and accused them of disloyalty for opposing the DAP-led state government.
It argued that, as a state-owned company, it had to remain politically neutral, and that staff should not support opposing candidates.
During the hearing, finance and HR manager Emily Seah said 80% of Penang Tech's income came from public donations, including from both government MPs and assemblymen.
Asked how supporting an independent candidate affected the company, she replied: 'Some YBs might feel uncomfortable because the campaign was against the state government.'
However, Industrial Court chairman Jeyaseelen Anthony found no specific bans in either employee's contract or the company's code of conduct barring political activity.
He said that while both men held key positions, their political involvement did not amount to misconduct.
Sivakumar was accused of showing 'disloyalty and a lack of integrity' by linking the company's name to an independent candidate and posting political messages on Facebook. The company claimed he was warned before but had repeated the behaviour.
However, the court found no evidence of any prior warning, verbal or written, or a domestic inquiry before his dismissal.
In Jason's case, the court said he had applied for five days' leave from July 31 to Aug 4, 2023, to campaign. The leave was approved by the CEO, weakening claims of misconduct.
A WhatsApp exchange between CEO Khoo Boo Wooi and Jason, tendered as evidence, further supported this. Khoo wrote: 'TDP (Tech Dome Penang) is a science centre, not subject to politic (sic) to KO (knock out) easily.'
Jeyaseelen also noted that the state assembly was dissolved at the time, with Penang under a caretaker government.
'The respondent is a state government-owned company and not owned by any political party,' he said.
He rejected the company's argument that the men had broken an unspoken rule of loyalty, saying such terms must be clearly written in contracts to be valid grounds for dismissal.
'If political neutrality was essential to Tech Dome, the requirement ought to have been expressly written into the claimants' employment contract or the code of conduct,' he said.
Lawyer Shamsher Singh Thind represented Sivakumar and Jason, while lawyer P Subramaniam represented Tech Dome.
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