Industrial Court rules in favour of three ex-Malindo Airways pilots, awards RM1.44m for wrongful dismissal

Industrial Court rules in favour of three ex-Malindo Airways pilots, awards RM1.44m for wrongful dismissal

KUALA LUMPUR, Dec 24 — Three former pilots of Malindo Airways Sdn Bhd have successfully obtained total compensation amounting to RM1.44 million after the Industrial Court ruled in their favour over wrongful dismissal without just cause.

Industrial Court chairman Zalina Awang @ Mamat made the decision after finding that the airline failed to prove that the termination of the three pilots was carried out bona fide (in good faith), according to a report published in BuletinTV3 today.

The claimants were senior first officer M Muralitharan, first officer Nik Afiq Farhan Nik Mohd Hilmi, and captain Foong Wai Ming.

Muralitharan and Wai Ming had served the company for seven years, while Nik Afiq joined Malindo Airways in 2015.

All three were dismissed on November 1, 2020.

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The court ordered Malindo Airways to pay RM596,000 each to Muralitharan and Wai Ming, while Nik Afiq was awarded RM252,000.

Zalina directed that the compensation be paid within 30 days of the judgment, with interest of eight per cent per annum to be imposed after the 30-day period until full settlement.

In her judgment, Zalina said the court found that Malindo Airways dismissed the three pilots without sufficient evidence, despite the company’s claim that it was facing financial difficulties due to the Covid-19 pandemic.

She ruled that reinstatement was inappropriate as the relationship between the claimants and the company had broken down, making financial compensation the most suitable remedy.