Petronas-linked O&G engineer awarded RM655,000 for unfair dismissal

After the Industrial Court decided that a former mechanical engineer who worked for an oil and gas company connected to Petronas faced unfair dismissal for allegedly not meeting his employer’s assessment goals. He was given RM655,534.88 in compensation and back wages, FMT reported.

According to Industrial Court chairman D Paramalingam, the case’s conditions made it unsuitable for Alfian Affendi Ahmad Anuar to be returned to his position with Carigali-PTTEPI Operating Company Sdn Bhd (CPOC).

Consequently, Paramalingam granted Alfian RM170,268.80 in compensation instead of reinstatement for eight years of service.

In addition, Alfian received RM510,806.40 in back pay for 24 months, which is the highest sum allowed by law.

During his testimony, Alfian claimed to the court that he had not had a job since his dismissal on October 12, 2021. Still, Paramalingam said the claimant had not provided evidence that his job applications had been rejected.

“In the circumstances, the court exercises its discretion to deduct 5% (RM25,540.32) of the back wages awarded to the claimant for post-dismissal earnings,” he said in a 30-page award released earlier this month.

According to the circumstances of the case, the firm had given Alfian a six-month performance improvement plan (PIP) to follow, starting on January 1, 2021, and had set a minimum target rating of “3” for him to meet.

According to Paramalingam, Alfian met the minimal year-end overall score, and the corporation did not impose any further requirements.

However, the business argued that although Alfian met the goal, it did not demonstrate the anticipated progress within the PIP timeframe.

After that, on June 30, 2021, the business sent Alfian a letter establishing a higher overall performance grade of “3M.”

“The court agrees with the submission of the learned counsel for the claimant that the company had indeed shifted the goalposts after the claimant had complied with the company’s instructions to achieve an overall rating of 3.

“The company has side-stepped the elephant in the room,” the award read.

Maximilian Tai, Faisal Moideen, and Syaarifah Ameerah Syed Haja Muyinudeen represented the employer, while Harjinder Singh Sandhu, a lawyer, represented Alfian.

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