Kudus Suit Againts MPAJ Rejected, Dismissal Valid, Court Rules

KUALA LUMPUR, Aug 27 (Bernama) — The High Court here today ruled that the dismissal of enforcement director Capt (Rtd) Abdul Kudus Ahmad by the Ampang Jaya Municipal Council (MPAJ) seven years ago is valid.

Justice Noor Azian Shaari dismissed with costs Abdul Kudus”s suit against the MPAJ over his dismissal by the council”s disciplinary board on June 11, 2003.

She said the dismissal letter was valid and that the MPAJ had the right to terminate his service.

Justice Noor Azian said that in coming to the ruling, she was bound by two Federal Court cases on the termination clause of the employment agreement, which stated that an employer had the right to terminate the service of an employee with reasonable notice.

"The plaintiff (Abdul Kudus) is not entitled to question the motive of the defendant (MPAJ) because he entered into the agreement voluntarily,” said Justice Noor Azian.

Three witnesses testified at the hearing namely Abdul Kudus, who was the sole witness from the plaintiff”s side, and MPAJ human resources officer Norlela Kamsi and secretary Abdul Hamid Hussin.

On June 7, 2006, Abdul Kudus filed a suit over his dismissal saying it was invalid and unlawful.

He claimed that he had entered into an agreement with MPAJ to be employed as an enforcement officer for three years from Jan 15, 2001 but that the disciplinary board had terminated his service “after considering hearsay evidence”, claiming that a minister had slandered him in the local dailies.

Abdul Kudus, who claimed that he was not given a chance to mitigate, wanted the court to declare that he was an enforcement officer and was entitled to all backdated wages and benefits as well as general damages.

MPAJ defended that the dismissal was done according to the law.

On June 30 last year, the Ampang Sessions Court sentenced Abdul Kudus, 47, to a total of 11 years and 10 months” jail and imposed a RM370,000 fine on 24 counts of receiving bribes totalling RM59,000.

The Shah Alam High Court is set to decide on his appeal on Sept 2.