Teacher awarded RM300,000 in damages for being denied employment while pregnant

he Star
by MAIZATUL NAZLINA

SHAH ALAM: A 32-year-old teacher who sought a declaration that pregnancy was not a reason for her to be denied employment, has been awarded RM300,000 in damages by a High Court here.

High Court senior assistant registrar Ahmad Rizki Abdul Jalil awarded Noorfadilla Ahmad Saikin RM12,907.68 for loss of earnings, RM2,296.10 for loss of Employees Provident Fund (EPF) benefits, RM912.71 in EPF dividends and RM25,000 for pain and suffering.

The court also instructed the Government to pay RM5,000 in costs.

Noorfadilla’s counsel Honey Tan said that Monday was fixed for assessment of damages.

Tan said the Court had awarded the mother of four damages for breach of Article 8(2) of the Federal Constitution that prohibits gender discrimination.

The Court of Appeal had on June 28, last year, upheld the landmark decision made by the Shah Alam High Court after the Government withdrew its appeal. However, no reason was given.

A three-man panel, led by Justice Datuk Clement Allan Skinner, then struck out the appeal and ordered the Government  to pay RM5,000 in costs.

On July 13, 2011, the Shah Alam High Court ruled in favour of Noorfadilla, who sought a declaration that pregnancy was not a reason for her to be denied employment as an untrained relief teacher.

The court then ordered an assessment of damages for the breach of Article 8(2) of the Federal Constitution, which stated that there should be no discrimination against anyone based on gender.

It was the first time that damages were awarded for an infringement of the article.

Noorfadilla had filed the suit on May 7, 2010, seeking a declaration that the termination of her contract because she was three months’ pregnant was illegal.

She named Hulu Langat district education officers Chayed Basirun and Ismail Musa, Selangor Education Department director Dr Zahri Aziz, the Education Ministry director-general, the Education Minister and the Government as the defendants.

Noorfadilla was offered a position as an untrained relief teacher on a month-to-month basis starting in mid-January 2009.

However, the offer was withdrawn when she informed the Hulu Langat district education office that she was pregnant.

The landmark decision was later nominated for a Gavel award in Women’s Link Worldwide, which works to ensure gender equality around the world.