Federal Court refuses SPAN’s ex-legal director leave to appeal dismissal
Federal Court refuses SPAN’s ex-legal director leave to appeal dismissal
PUTRAJAYA: A former senior legal director of the National Water Services Commission (SPAN) has failed to obtain leave from the Federal Court to pursue an appeal over her dismissal for misconduct.
A three-member bench chaired by Chief Judge of Sabah and Sarawak Azizah Nawawi dismissed Hayatunnisah Sulaiman’s application for leave to appeal, ruling that the five legal questions she posed were not novel or of public importance.
Azizah said the application had failed to cross the threshold for leave to be granted, as set out in Section 96 of the Courts of Judicature Act 1964.
Sitting with Azizah were Justices Zabariah Yusof and Vazeer Alam Mydin Meera.
On Feb 26, the Court of Appeal unanimously affirmed the decision of SPAN’s disciplinary board to sack Hayatunnisah.
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Delivering the ruling, Justice Azizul Azmi Adnan said Hayatunnisah’s dismissal did not offend the proportionality principle, given her “senior and significant role” within the organisation.
The court further held that although Hayatunnisah’s disclosures were not made for pecuniary gain, her breach of secrecy was a serious misconduct.
SPAN terminated Hayatunnisah’s employment on July 26, 2017, after she was found to have divulged confidential information without prior approval in breach of her statutory obligation of secrecy.
The charges included one for disclosure of confidential minutes to a lecturer at a local university for use in his book.
Hayatunnisah filed a judicial review to challenge her dismissal, citing various grounds, including procedural impropriety in the disciplinary process.
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She named SPAN chairman Maximus Johnity Ongkili and its other commissioners as respondents to the application.
The application was allowed by the High Court in 2022, but overturned by the Court of Appeal, giving rise to the present application before the apex court.
Lawyer Thavalingam Thavarajah and Aida Yasmin Cheree Mohamad represented SPAN, while counsel GK Ganesan acted for Hayatunnisah.
The Federal Court ruled that Hayatunnisah Sulaiman had failed to raise issues that are novel or of public importance for its consideration.
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