The High Court today dismissed a judicial review application by three former Malaysian Airline System Bhd (MAS)
senior pilots to quash an Industrial Court award, which held that their demotion for misconduct was fair.
Judge Rohana Yusuf, who sat in chambers, dismissed the aplication with cost.
T. Thavalingam who represented MAS told reporters that the court upheld the finding of the Industrial Court that there had been no basis for constructive dismissal.
In their judicial review application filed on July 2 last year, Azlan Zainal Abidin, 55, Ahmad Kamil Shahperi Shahibi, 51, and Samsudin Zainol Abidin, 57, had named MAS and the Industrial Court as respondents. They had sought costs and other relief deemed fit by the court.
The three had joined MAS between 1975 and 1979 and the last post they all held was as Pilot Captain B747-400 with last drawn salary in excess of RM27,000.
They received a letter dated Dec 8, 2004 from MAS saying they were involved in the formation of Asmara Air Services Sdn Bhd without prior permission of the airline, which amounted to misconduct.
Industrial Court chairman Eddie Yeo Soon Chye held on May 21 that the three pilots had failed to prove they were constructively dismissed by the airline.
Yeo also said that a demotion imposed following a disciplinary hearing was not a breach of contract when it was a lesser penalty than a dismissal, that could otherwise have been imposed.