Fahmi fails to strike out ex-Finas CEO’s suit
Published on: Monday, February 19, 2024
By:
FMT, V Anbalagan
Former Finas CEO Nasir Ibrahim (left) is suing communications minister Fahmi Fadzil, Finas and its directors for unlawful termination of his employment contract.
Kuala Lumpur: The High Court has dismissed communications minister Fahmi Fadzil’s application to strike out a lawsuit brought by Nasir Ibrahim, the former CEO of the National Film Development Corporation Malaysia (Finas).
Judicial commissioner Roz Mawar Rozain said the minister’s role in the termination of the plaintiff Nasir Ibrahim’s employment can only be determined at full trial.
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For that reason, she said, the case against the minister cannot be struck out summarily.
Roz Mawar is also scheduled to decide next Monday on an application by Finas board chairman Kamil Ahmad Othman and directors Mastura Ahmad Mustafa, Idwan Ariff Abdul Rahman and Noor Azam Shairi to have the case decided on a point of law.
The four contend that the suit against them ought to be dismissed if the High Court decides in their favour.
Lawyer A Srimurugan represented Nasir while senior federal counsel Nur Irmawatie Daud appeared for the minister.
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In his writ and statement of claim filed on June 28 last year, Nasir said he was appointed the Finas CEO on a two-year contract commencing on Nov 1, 2021.
He said the contract entitled him to a monthly salary of RM20,000 and RM6,800 in allowances.
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However, he said his employment was unlawfully terminated prematurely with effect from May 31, 2023 pursuant to a letter dated May 5 signed by the minister.
Nasir said his appointment was governed by the Statutory Bodies (Discipline and Surcharge) Act 2000, pursuant to which the minister could terminate his services by giving him 30 days’ notice or paying him one month’s salary in lieu of notice.
He said he was asked to leave in June after being paid one month’s salary.
He said the termination was done in bad faith as he was not given a good reason for his removal, and that it had caused him embarrassment and mental stress.
Nasir is seeking a declaration that a termination letter signed by Kamil is bad in law and, therefore, null and void.
He says Finas did not have a validly constituted board of at least nine persons at the time the letter was issued.
Nasir is also seeking special damages of RM135,000 and general damages.
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