Appellate court restores ex-engineer’s RM645,000 award for unfair dismissal

2026-03-18 - 11:42

Norli Saleh with counsel R Chandra Segaran outside the Court of Appeal in Putrajaya. PUTRAJAYA: Former engineer Norli Saleh will have a memorable Hari Raya this year after the Court of Appeal allowed his final appeal to reinstate a RM645,000 award for unfair dismissal by the Industrial Court. Justice Amarjeet Singh, delivering the judgment on behalf of the three-member Court of Appeal bench, said today the High Court had erred in reversing the Industrial Court’s decision. “The Industrial Court did not commit any appealable error but acted in equity and good conscience in holding that the appellant’s termination was unfair,” he said. The court also awarded RM30,000 in costs to Norli. Amarjeet, who heard the appeal with Justice Supang Lian, the panel chairman, and Justice Shahnaz Sulaiman, also cited a Federal Court precedent confirming that an employee could serve more than one employer. Norli began his career with Roadcare Sdn Bhd in early 2001 as an area manager, later becoming regional manager until late 2006. He was then transferred to HCM Engineering Sdn Bhd as regional manager until June 2008. Both companies are subsidiaries of Protasco Bhd, a roadworks specialist. From 2009 until his termination in September 2021, Norli worked with KPS-HCM, a joint venture between Protasco and Kumpulan Perangsang Selangor, handling road projects in the state. KPS-HCM terminated Norli’s services on the grounds of redundancy, claiming no further work was available. Norli requested to be absorbed by Protasco due to his Roadcare employment contract, but the company refused. The Industrial Court initially awarded him RM645,392 in compensation, in lieu of reinstatement and back wages. Lawyer R Chandra Segaran represented Norli, while Sebastian Tay and Aida Yasmin appeared for Protasco, Roadcare, and HCM Engineering. Met outside court, Norli told FMT he was glad his six-year ordeal was finally over. “This Hari Raya will be more meaningful for my family and me,” he said.