PUTRAJAYA: three former senior pilot Malaysia Airlines System Bhd (MAS) failed in their appeal to set aside the decision of the Industrial Court that their demotion because of misconduct, is fair.
A three-Judge Court of appeal panel chaired by Datuk Abdul Wahab Patail today unanimously rejected the appeal Samsudin Zainol Abidin, 58, Azlan Zainal Abidin, 35, and Ahmad Kamil Shahperi Shahibi, 53.
The three former pilots of the appeal against the decision POINT of the Industrial Court which disallowed their claims for the return of the Office because they claim fired constructively by MAS.
On 21 may, 2010, the Industrial Court set that they fail to prove they fired constructively by the company.
Its Chairman, Eddie Yeo Soon Chye also decided the sentence demotion for a minimum period of two years by a panel of inquiry MAS, carried out fairly and above them.
On 2 July 2010, they filed a judicial review application in the High Court named the MAS and the Industrial Court as the respondent.
They join MAS between 1975 and 1979, and his last appointment as Captain pilot of the B747-400, with the last drawn salary in excess of RM27, 000.
All three claimed they received a letter dated 8 December 2004 from the MAS State they took part in the establishment of Asmara Air Services Sdn Bhd, without the consent of the company in advance, which is equivalent to misconduct.
They then write a letter dated Dec 14, 2004 to the company, denied the claims. However, the internal investigation was held and they found guilty of misconduct.
MAS issued a command of them, with the lower rank of Captain pilot to the rank of co-pilot for the same aircraft but their pay remained the same.
All three, in a letter sent to MAS dated 28 March, 2006, assuming they fired constructively.
On 16 June, 2011, the Kuala Lumpur High Court dismissed the judicial review and maintain the results of the Industrial Court.
MAS represented Datuk t. Thavalingam while Subitra Thavarajah Ravindran represents all three now pilots in different companies. -NEW STRAITS TIMES
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