PETALLING JAYA: A Singaporean female employee who was let go due to an invalid work permit received RM234,320 as reimbursement for unpaid wages and compensation following an unfair dismissal ruling from the Industrial Court.
Melissa Joan Fernandez, who directs a kindergarten, was employed for five years at Tadika Celik Comel Sdn Bhd (previously part of the Redboot Education Group) using her husband’s work visa.
She couldn’t apply for a work permit since her employer lacked a valid business license.
The Kuala Lumpur Industrial Court determined that her termination was unjustified and baseless, citing that the error rested with the firm due to its lack of a business license, which is essential for submitting a work permit application as per immigration regulations.
During the awards ceremony, Court Chairman Zulbahrin Zainuddin mentioned that Fernandez tried to apply for a work permit shortly after joining the firm on January 1, 2019. However, she was informed by the immigration authorities that she must provide her employer’s business license as part of her application process.
He mentioned that the firm permitted her to work using her husband’s visa since it was unable to secure a business license from the local authorities.
Zulbahrin mentioned that the complainant kept working under her husband’s employment pass without any objection from the firm until she received an unexpected “show cause” letter on January 1, 2023, demanding proof of her work authorization.
Once she replied indicating that she couldn’t move forward with the application due to lacking all necessary documents, the firm moved ahead to serve her a suspension notice and scheduled a domestic inquiry (DI), citing her response as inadequate.
“The DI convened on January 30, 2023, collectively decided that since Fernandez failed to present evidence of her work permit, her employment contract was null from the beginning,” he stated in the ruling issued last week.
Fernandez was let go on February 2, 2023, according to the court, which cited the suggestion from the DI.
Zulbahrin stated clearly before the court that Fernandez had tried to obtain her work permit but was denied because the company’s business license was not available.
The responsibility of furnishing the business license as a supportive document for the applicant to secure a work permit lies solely with the company.
“The successful acquisition of the business license by the company in 2023 following the dismissal of the claimant serves as conclusive proof that it remained the persistent duty of the firm to guarantee the proper procurement of the business license,” he stated.
Therefore, Zulbahrin stated that the firm’s assertion that Fernandez’s inability to obtain a work visa constituted a major disciplinary issue lacked foundation.
The court granted Fernandez 24 months’ back pay calculated from her final monthly salary of RM10,100, minus a 20% reduction for income earned after dismissal, totaling RM193,920.
She was also granted four months’ compensation instead of being reinstated, amounting to RM40,400.
Julian Lee was representing the claimant, whereas Desmond Ho took up the role for the company.