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3 senior pilots fail to get reinstatement into MAS

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I know one of the trio.

 

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Published: Thursday May 27, 2010 MYT 3:02:00 PM

3 senior pilots fail to get reinstatement into MAS

By M.MAGESWARI

 

KUALA LUMPUR: Three senior pilots failed in their bid to get reinstated into Malaysian Airline System Bhd (MAS) after the Industrial Court ruled that their demotion for alleged misconduct was fair.

 

Industrial Court chairman Eddie Yeo Soon Chye found that the pilots had failed to prove that they were constructively dismissed by MAS.

 

"The respondent's (MAS) decision to demote the claimants (pilots) in this case could not be the subject of a claim for constructive dismissal.

 

"This court is of the view that the punishment of demotion against the claimants was meted out fairly," he said.

 

He said there was clear evidence that the claimants had engaged in aviation business as a director of Asmara Air Services Sdn Bhd without prior written permission from MAS as required under the exclusive service provisions of their employment contract.

 

"The respondent refrained from dismissing the claimants after the domestic inquiry proceedings and kept the claimants in employment albeit in a demoted position which did not entail any reduction in salaries and benefits," he said.

 

He said a demotion might be imposed following a disciplinary hearing and was not a breach of contract when it was a lesser penalty than dismissal which could otherwise have been imposed.

 

"If the employer has acted fairly, and with interests of the employees at heart, such dismissal would be fair.

 

"The right to downgrade a workman pursuant to a finding of guilt on a charge of misconduct is a form of disciplinary action open to the employer under its inherent right to impose the appropriate punishment," he ruled in his May 21 dated award.

 

The pilots who claimed that they had been constructively dismissed by MAS on March 29, 2006 are Azlan Zainal Abidin, 54, Ahmad Kamil Shahperi Shahibi, 50 and Samsudin Zainol Abidin, 56.

 

The three pilots had joined MAS between 1975 and 1979 and held last post as Pilot Captain B747-400 with a last drawn salary of over RM27,000.

 

The pilots received a letter of allegation dated Dec 8, 2004 from MAS saying that they were involved in the formation of Asmara Air Services Sdn Bhd without prior permission of the company and that amounted to misconduct.

 

They wrote a letter dated Dec 14, 2004 to the company denying the allegations.

 

However, a domestic of inquiry was held and found them guilty of misconduct. MAS issued a punishment order for them in the form of demotion of their positions.

 

The claimants in their letters, sent to MAS dated March 28, 2006, considered themselves constructively dismissed.

 

In the statement of the case, the claimants applied for an order that they be reinstated to their former position in the company.

 

In the statement in reply, MAS denied that they had dismissed the claimants from service and contended that they had not breached any of the terms and conditions of their employment.

 

In dismissing the claimants' case, Yeo held that MAS had not breached a fundamental term of the pilots' terms of employment.

 

He said the punishment order for a minimum period of two years was also subject to further review.

 

Besides that, Yeo found that the rules of natural justice had been duly complied with by the inquiry panel.

 

MAS was represented by lawyer Datuk Thavalingam Thavarajah while counsel Subitra Ravindran acted for claimants.

 

http://thestar.com.my/news/story.asp?file=/2010/5/27/nation/20100527150833&sec=nation

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The pilots received a letter of allegation dated Dec 8, 2004 from MAS saying that they were involved in the formation of Asmara Air Services Sdn Bhd without prior permission of the company and that amounted to misconduct.

 

 

Senior Pilots got misconduct, sorry to hear that after more than 35 years of flying high.

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Breach in "Exclusive Service" and "Non-compete" clauses.

 

I think MAS was too lenient. In other companies, this act is liable to instant dismissal. They lose the title but not one sen of their pay.

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hmmm ... i'm more interested in their salary. is the RM 27k inclusive of bonuses ?

 

I would expect the most senior of pilots to earn more.

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hmmm ... i'm more interested in their salary. is the RM 27k inclusive of bonuses ?

 

I would expect the most senior of pilots to earn more.

 

MH pilots are among the lowest paid pilots in the world, for flying the equivalent type of aeroplane.

 

Even AK pilots take home more pay, not to mention EK and likes.

Edited by Radzi

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