Court overturns minister's order on compensation

THE High Court has over turned an order by the Labour Minister last year that a business school pay a sacked lecturer $6,800 compensa- tion for unjust dismissal In overturning the order, Justice Warren Khoo said the Manpower Ministry, as the Labour Ministry is now in Middle Road hired De Ngerng Miang Hong, then 42, as a lecturer in economics and other related subjects in September 1996 It was dissatisfied with his conduct almost from the beginning mostly because he reported for work late and went absent without leave A survey of students in March 1907 also showed that they called, needs to review the were unhappy with his per way it investigates com- plaints of unfair dismissal The judge said this in his written judgment delivered last Friday, a copy of which was obtained by The Straits Times yesterday The case began when Stansfeld School of Business formance as a teacher On May 6 that year, Stansfield managing director Kannappan Chettiar offered to let him resign with an er gratia payment of a month's salary of $3,700. When Dr Ngerng refused the school sacked him with out the required notice of three months. It said he had breached his contract terms and cost the school money and good will as many students had pulled out of his classes. On May 93, 1997, he wrote to the Labour Minister to complain that he had been sacked unfairly The Minister saw the letter five days later and passet ed up with labour relations it down to his officers. It end officer The Pak On De Ngerng told the officer he was sacked 34 weeks be fore his contract was to er pire on May 31 because cle then and he was not needed ses had been completed by to teach any more. The suggestion, said the judge, was that the school had sacked him to save pay ing him his salary for the rest of the month. Mr Tse said he told Stansfield executive director Cenobia Majella about Dr Ngerng's allegation when he met her on Oct 13 that year, but she denied this He then prepared a report on Dec 29, 1997, concluding that the lecturer had been sacked unfairly His superior, deputy com missioner Ong Yen Her, supported this conclusion and added a note to the Minister about Dr Ngerng's allegation. Mr Ong proposed com pensation of $6,800. The Minister accepted their recommendations, and Stansfield was told of his decision on Feb 3 last year. The school then took out the court action in June last year through its lawyer, Mr Karuppan Chettian In his judgment, Justice Khoo noted that although the Minister's decision could not be challenged in court, the court could still overrule the decision if the process Justice Warren Khoe leading to it went against the rules of natural justice. investigates such complaints And the way the ministry is in breach of these rules, he said. Mr The had said it is not the ministry's practice to give an ex-employee's statement to the employer he has com plained about, or to ask the employer to comment on what the ex-employee has said. This happened in this case, said Justice Khoo, not- ing that Stansfield was not given a chance to rebut Dr Ngerng's allegation against it The judge said: "I hasten to add that nothing I have said here should be taken as intending to inhibit the Minercise his useful power of inister from continuing to extervention. "It is just that the procedures adopted should be re- viewed. "The present procedure is inefficient and wasteful, and it does not give people the feeling of satisfaction of haring had a fair say before a decision is made against them."

I HASTEN TO ADD THAT NOTHING I HAVE SAID HERE SHOULD BE TAKEN AS INTENDING TO INHIBIT THE MINISTER FROM CONTINUING TO EXERCISE HIS USEFUL POWER OF INTERVENTION. IT IS JUST THAT THE PROCEDURES ADOPTED SHOULD BE REVIEWED."