Ex-SD Guthrie supervisor gets RM127,600 after dismissal over sexual harassment claims

KUALA LUMPUR: The Industrial Court has awarded RM127,600 to a former SD Guthrie Bhd field supervisor after ruling that allegations of sexual harassment, threats and insubordination used to justify his dismissal were not proven.

Industrial Court chairman Augustine Anthony criticised the company's disciplinary process, describing some of the charges against E. S. Munusamy as an "afterthought".

Munusamy, who had served SD Guthrie for 34 years, was dismissed on July 11, 2024, following two domestic inquiries into allegations that he had sexually harassed a male worker, threatened to kill him and burn down his house, and disobeyed company instructions in December 2023.

He joined the company as a general worker in 1990 and later rose to become a field supervisor, or mandore, at its Sungai Buloh estate.

The court noted inconsistencies in the complainant's accounts, including the absence of claims in his initial police report that Munusamy had touched his chest and buttocks, torn his shirt and made sexual remarks.

Anthony said the differing accounts raised serious doubts about the reliability of the complainant's version.

The court also rejected allegations that Munusamy later threatened to murder the complainant and burn him or his living quarters.

Anthony questioned why such serious allegations, which allegedly occurred on the same day, were not included in the first show-cause letter or the first domestic inquiry.

"Instead, they surfaced after Munusamy, who had been suspended since December 2023, engaged a lawyer to push for a conclusion to the disciplinary proceedings.

"His lawyer wrote to the company's headquarters on Feb 5, 2024.

"The first domestic inquiry notice was issued on Feb 9, followed by a second show-cause letter on Feb 16 and a second domestic inquiry notice on March 20.

"The timing is a matter of acute curiosity for this court. There was clear afterthought that the company never explained," he said.

Anthony said the circumstances indicated that the later charges had been brought after Munusamy sought outside assistance.

"All the facts of this case point to a retaliatory act on the part of the company against the claimant simply because he wanted a prompt conclusion to all the unproven allegations against him by seeking external help."

The court also dismissed the insubordination allegations, noting that although Munusamy refused to sign acknowledgement of the show-cause letter, he submitted his written explanation within the deadline.

The court made a similar finding over Munusamy's alleged refusal to acknowledge a domestic inquiry notice, noting that he had attended the inquiry as directed.

"The presence of the claimant in the inquiry itself is a reflection that he had respectfully complied with the direction or orders of the company to attend the proceedings.

"This court finds that the company has failed to prove on the balance of probabilities that the dismissal of the claimant from his employment with the company was with just cause or excuse," he said.

The court also raised concerns over Munusamy's remuneration after 34 years of service.

SD Guthrie said his monthly salary was RM1,249.71, while Munusamy claimed he earned RM1,700.

In the absence of sufficient evidence to support the RM1,700 figure, the court fixed his monthly salary at RM1,500.

Anthony said Munusamy's pay after 34 years of service warranted "much introspection and soul searching" within the plantation industry.

The court awarded Munusamy RM52,800 in back wages, equivalent to 24 months, and RM74,800 in compensation in lieu of reinstatement based on his 34 years of service.