Ex-council engineer fails in bid for RM2mil damages over unlawful sacking
The Court of Appeal said Sobri Che Hassan, who was dismissed in 2013, is not entitled to benefits beyond Oct 21, 2019, as decided by the Federal Court.
PUTRAJAYA : The Court of Appeal has unanimously dismissed an appeal by a former engineer with the Seberang Perai Municipal Council, who had sought RM2 million in damages, inclusive of pension and gratuity payment, following his dismissal for misconduct in 2013.
A three-member bench, led by Justice Nazlan Ghazali, said the High Court, which assessed the damages, was right in its decision.
'In our view, the appellant cannot be entitled to benefits beyond Oct 21, 2019, as decided by the Federal Court,' said Nazlan, who sat with Justices Azimah Omar and Alwi Abdul Wahab.
The bench also ordered Sobri Che Hassan, 50, to pay RM10,000 in costs to the council.
On Oct 21, 2019, a five-member Federal Court bench upheld the Court of Appeal's decision that the council was liable for terminating Sobri's employment effective Nov 28, 2013. However, it did not order his reinstatement.
The Federal Court also said Sobri's employment with the council was to be based on the time he was sacked until its ruling.
Assessment of damages was left to the High Court, which last year awarded him RM440,000 in damages, bonus payment and golden handshake.
Justice Rozana Ali Yusoff dismissed Sobri's claims for compensation from 2013 to Dec 15, 2035, the date he was scheduled to retire upon reaching the age of 60.
She also dismissed his claims for lost promotion opportunities, salary and bonus, medical benefits, damages for embarrassment, and legal expenses.
The High Court also refused his request for gratuity upon retirement and pension payment after 2035.
Lawyer Vijayalakshumi Navaratnam, who represented Sobri, said she has received instructions to file an appeal with the Federal Court.
Counsel Felix Lim assisted Vijayalakshumi in today's proceedings, while lawyers Karin Lim, M Murgan and Clifford Ong represented the council.
The facts of the case revealed that the council had terminated Sobri's employment for misconduct after due process under the Local Government Act 1976 and rules.
Sobri initially filed a judicial review application in the High Court to quash his dismissal and seek reinstatement.
The High Court dismissed his application, but the Court of Appeal allowed his appeal, which includes an order of reinstatement.
The council appealed, and the Federal Court upheld the Court of Appeal's decision, but damages were calculated from Nov 28, 2013, to Oct 21, 2019.
Sobri was also awarded RM50,000 in costs.
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