Security guard appeals decision to annul award for wrongful termination by US embassy


KUALA LUMPUR: A former security guard at the US Embassy here has filed an appeal to reinstate a RM66,000 award by the Industrial Court for wrongful termination.

L. Subramaniam filed the notice of appeal through his solicitors at the High Court registry on Tuesday (April 2).

The case has been fixed for mention on July 1.

On Monday (April 1), the High Court here allowed a judicial review by the US government to annul the award granted to Subramaniam by the Industrial Court.

In his decision, Justice Amarjeet Singh said the court found that the applicant (the US government) and its embassy have immunity and are protected from the jurisdiction of the Industrial Court over Subramaniam's claim under Section 20(3) of the Industrial Relations Act 1967.

"Therefore, the court allows the judicial review. The second respondent (Subramaniam) has to pay costs of RM8,000," said the judge in a decision delivered via email.

The US government filed the application on Aug 9 last year, naming the Industrial Court and Subramaniam as the first and second respondents.

It sought an order for the High Court to annul the award given by the Industrial Court in 2023 to Subramaniam.

The US government also sought a court order that Subramaniam's dismissal for internal disciplinary misconduct was within the embassy, saying that the country and its embassy are protected by immunity from the jurisdiction of the Industrial Court concerning claims under Section 20(3) of the Act.

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