KUALA LUMPUR – The industrial court has ruled in favour of BFM Media Sdn Bhd in the case of former presenter and employee David Chew Yu Lin, who sued for unlawful dismissal after he was sacked due to allegations of sexual harassment.
According to court documents dated April 1, 2024, Chew claimed that he was wrongfully terminated on January 4, 2019, and claimed for reinstatement to his former position with arrears of salary, all allowances, including EPF and other statutory benefits from the date of dismissal to the date of reinstatement.
Industrial court chairman Syed Noh Said Nazir @ Syed Nadzir ruled that BFM Media has proven on the balance of probabilities the charges of sexual misconduct preferred against Chew.
“It is this court’s considered conclusion in the circumstances that the claimant was terminated with just cause or excuse. In any event, the claimant had failed to show evidence that his termination was a form of victimisation or tainted with mala fide.”
In January 2019, BFM in a statement said it had terminated two of its employees following an internal investigation into alleged cases of sexual harassment at the company.
The allegations started after an anonymous letter was circulated to several news organisations, which was purportedly written by a former BFM employee, alleging instances of sexual misconduct by individual(s) at the company.
At the time, the company said the management team did not lodge a police report as the complainant did not wish to escalate the matter.
Meanwhile, the court document stated that Chew faced two allegations.
The first one said Chew had allegedly purchased an iPad for a BFM female employee and then placed his hand on her lap in the car without her consent.
The second allegation stated that Chew had kissed another BFM female employee without her consent when she was attempting to fasten her seatbelt in his car.
The court said Chew had merely offered bare denials in his defence against these allegations.
Additionally, the court viewed that Chew’s dismissal was not done maliciously and with mala fide, because there was no evidence showing that any personal feud or vendetta existed between Chew and the witnesses.
“The claimant (Chew) in submitting himself to satisfying the pleasure of lust has committed one of the seven deadly sins, detrimental to his other female colleagues and thereby thrashing the relationship of trust and confidence between employer and employee.
“He deserves a punishment none other than one of dismissal.”
Chew was represented by counsels Kelvin Ng Sin Huat and Loke Wei Lun of Messrs B.B. Teh. Meanwhile, Yong Hon Cheong and S. Sivagami of Messrs Zaid Ibrahim & Co represented BFM. – April 3, 2024