SEXUAL HARASSMENT

MALAYSIAN AIRLINE SYSTEM BERHAD V WAN SA'ADI WAN MUSTAFA[ CASE NO:9(23)/4-298/05]
The Company had employed the Claimant as a Leading Steward.He was alleged to have committed a sexual misconduct against a new flight stewardess in May 2003.The lady lodged a complaint with the Company.The Company conducted an investigation and a Domestic Inquiry(DI) was convened.Two charges were preferred against the Claimant at the DI.The Claimant was found guilty of both charges and dismissed with immediate effect.The Claimant denied the accusations and claimed that false charges had been brought against him.He further contended that his dismissal had been without just cause and excuse.

Court held:The Complainant's demeanor in the witness box whilst she had been giving her testimony was knowledgeable,steadfast,truthful and straightfoward.She had also been without pretence.There were also no inconsistencies or contradictions in her evidence.The circumstantial evidence taken cumulatively pointed towards a prima facie case.The Company was justified in dismissing the Claimant.
JUDGE:MOHD AMIN FIRDAUS ABDULLAH
(The usual case of sudah kahwin tapi masih gatal!!)