00:00The Penang Industrial Court ruled that Malaysia Airport's Indiran Berhad, a wholly-owned
00:06subsidiary of Malaysia Airport's Holdings Berhad, wrongfully dismissed its senior executive
00:11engineer for refusing to take COVID-19 tests at a clinic twice weekly at his own cost.
00:18Court Chairman Ruzita Lazim found Irfan Sani Rashid's dismissal unjust, saying that MASB
00:23should have accepted Irfan's offer to conduct supervised self-tests in the office.
00:29She said the company's actions were maliciously intended to terminate Irfan for insubordination
00:33and serious misconduct, even though he had no prior disciplinary record.
00:39Ruzita said the national COVID-19 policy only required testing before entering the workplace
00:44and did not mandate expensive clinic tests.
00:48The court found MASB's requirement for employees to pay for health certificates to be in contravention
00:54of the national testing strategy that came into force on November 26, 2021.
01:00While the court ruled in Irfan's favor, Ruzita noted that he must bear some responsibility
01:05for refusing RTK-AG tests certified by a doctor, leading to a 10% deduction from his back wages.
01:12After an additional 40% deduction for the post-dismissal earnings, Irfan was awarded
01:17RM 100,743, including RM 40,297 as compensation for his eight years of service.
01:26Dhanush Rajareza, FMT News.
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