The Day I Had So Much Fun in Industrial Court

On behalf of the new owner of the company, I was asked to be an observer for this hearing of the case. I was in the court from 9.00 in the morning until the hearing finished at 4.30pm. The Chairman for this case was Dato' Haji Sulaiman Ismail. And the hearing was in IR Court, Kuala Terengganu.

Industrial Court, Kuala Terengganu

The case was about the ‘Unfair Dismissal due to Sexual Harassment’

Summary of the case:
Claimant (H) was employed by KBH and his last position was Bar Captain in 2004. He was charged due to grave offense, verbal sexual harassment to one of female employee (Z) during working time at their outlet. Hotel and KBH had a Domestic Inquiry for this case and the panels has decided to terminate him based on all the statement given including the Q&A with all the witnesses.
Claimant filed a case against KBH about his unfair dismissal and claims to reinstate. The question now, HRKR no longer belong to KBH but belong to AV.

The hearing started when the Chairman asked the defendant (KBH) to call their witness one by one. KBH brought three witnesses for this hearing. One of them was the victim of the sexual harassment (Z). The second witness was one of the Panel during the Domestic Inquiry, and the other witness was a Waiter who happened to be there during the incident happened.

After finished with the defendant's witnesses, the Chairman asked the Claimant's lawyer to call their witnesses. They started with the Claimant (H) himself, followed by the other two witnesses who also happened to be there during the incident.

From my obsession, if you want to file a case, you must provide a very strong evidence such as all related documents and witnesses. Claimant (H) didn't provide related documents as an evidence when KBH's lawyer asked for that documents. Claimant failed to produce the documents. Besides, Claimant(H)'s witnesses not strong enough to support him to win this case. They tend to get confused with their own answers. When you provide not a strong witnesses, they get confused with the questions asked by the defendant lawyer, and they gave the wrong answer. So, defendant will get point here to defend their client. Of course, defendant came all the way with well prepared and looks strong during the hearing. They tend so confident during the hearing.

After they finished call all the witnesses, the Chairman gave a due date for both, Claimant and Defendant to submit their written submission to Court with one month and another two weeks for the reply. Since as per Chairman, this case not so complicated, the judgement will be somewhere end of April.

Pray God that we will win, I mean KBH or Defendant will win. Not the Claimant (H). I know I was an observer, but of course, it also relate to us, those who worked with the new Owner.

It was a damn good experience and it was interesting to be in the Court. All this while, I only know the theory. When I studied Employment Law back in Uni time, and now what I practice more to theory part. And, now I got to see and experienced the life hearing case in the IR Court. Cool huh?! I wish I'll be there again, in the court, hear the proceeding, and experience the judgement. I am SICK!!!!!