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Dismissed attachment teacher awarded RM50,000 in damages

May 15, 2018 8:46 AM
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PUTRAJAYA: A mother of four who lost her job as an attachment teacher for being pregnant was awarded RM40,000 in damages by the Federal Court today, for breach of constitutional damages.

A five-man bench chaired by Chief Judge of Malaya Tan Sri Ahmad Maarop, allowed Noorfadilla Ahmad Saikin's appeal, and granted an additional RM10,000 to her for gender discrimination.

The court also allowed the government's appeal to set aside an award of RM10,000 for pain and suffering.

The other judges on the panel were Tan Sri Azahar Mohamed, Tan Sri Zaharah Ibrahim, Datuk Seri Balia Yusof Wahi and Datuk David Wong.

Last September, the court of appeal partly allowed Noorfadilla Ahmad Saikin's appeal over the quantum of damages awarded to her by the High Court.

Noorfadilla had filed a civil lawsuit on May 7, 2010, seeking a declaration that the termination of her contract because she was three months' pregnant, was illegal. She was working for a public school.

In 2014, the Shah Alam High Court awarded her RM300,000 in damages after the judge allowed her lawsuit that claimed she had been discriminated against.

However, in 2016 Court of Appeal reduced the quantum and awarded RM30,000 for gender discrimination and another RM10,000 for emotional and mental distress.

Noorfadilla, 34, appealed against the Shah Alam High Court decision on Feb 15, 2016 to allow the government's appeal to reduce the quantum of damages awarded to her to RM30,000 from RM325,000.

On Nov 10, 2014, High Court senior assistant registrar Ahmad Rizki Abdul Jalil, who had assessed damages, had awarded Noorfadilla RM300,000 in damages for breach of constitutional rights and RM25,000 damages for emotional and mental distress.

Mohd Zawawi also ordered that Noorfadilla be paid RM16,116.49 for loss of earnings, loss of Employment Provident Fund (EPF) contribution and loss of EPF dividend.


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