TAWAU: The High Court yesterday awarded RM160,000 to a woman who sued her former employer and superior for libel and malicious falsehood.
Judicial Commissioner John Ko Wai Seng awarded Yin Yoke Main @ Mable, 42, general damages of RM100,000 and aggravated damages of RM50,000 against Sabarice Sdn Bhd in respect of a notice for the plaintiff to return the company’s documents.
He also awarded general damages of RM10,000 to the plaintiff for malicious falsehood.
Yin sued Sabarice and the company’s area manager, Kwek Kim Kooi, on January 10, 2009.
The facts of the case stated that Yin was employed as a marketing executive for Sabarice Sdn Bhd for Tawau area from September 1, 2007 to March 31, 2008 and Kwek was her superior officer.
On March 4, 2008, she was handed a letter dated March 1, 2008 giving her a one month’s notice of termination of her employment from the company, with her last day of employment as March 31, 2008.
Yin ceased to go to work after March 8, 2008 to avoid having to face the company who had fired her. The company then lodged a police report on March 17, 2008 on behalf of Kwek against the plaintiff.
The company also published two notices in two local newspapers concerning Yin on March 19, 2008. They were notice of departure and notice for return of the company’s documents.
For the notice of departure claim, Yin contended that her termination of employment by the company was unlawful and unjustifiable resulting in wrongful termination.
However, the court found that the notice of departure in the newspapers was justifiable and its contents were justified under the circumstances as to render it not defamatory per se of Yin as well as it was published on an occasion where qualified privilege was attached.
However, the court found that the notice for the return of company’s documents addressed to Yin was defamatory. As the company, by publicly asking for the return of documents within seven days from Yin in their natural and ordinary meaning to an ordinary person, was accusing Yin of having unlawfully taken away or stolen documents of the company.
The plaintiff also claimed for damages for malicious falsehood contained in the police report lodged by the company and Kwek on March 17, 2008 at the Tawau police station.
The police report revealed that Yin’s services was terminated because her behaviour and character was not acceptable by the company. While she was in the company, she had misused her power by directing and instructing a media company to print pamphlets for a political party campaign. This act showed a contravention with the company’s rules and regulations when the company was not involved in such activities.
However, Yin denied abusing her power and had not instructed, or in any manner influenced any advertising company or agency into printing any magazine, periodical or flyers whatsoever for political campaigns.
In consequence of the malicious falsehood, Yin’s reputation had been seriously damaged and she suffered considerable hurt, distress and embarrassment.