Ex-Kool FM Announcer Awarded RM56,000 Over Wrongful Dismissal

PUTRAJAYA, Sept 30 (Bernama) -- The Court of Appeal here awarded former radio announcer Khairu Norliza Khairudin RM56,000 in compensation today, ruling that she was unlawfully dismissed from employment in 2018.

The three-judge panel, comprising Court of Appeal judges Datuk Lee Swee Seng, Datuk Azimah Omar and High Court judge Datuk Wan Ahmad Farid Wan Salleh, allowed Khairu Norliza’s appeal against the High Court’s decision which overturned the Industrial Court’s award.

Justice Lee, who chaired the panel, however, reduced the compensation amount initially awarded by the Industrial Court to Khairu Norliza, 38, from RM133,000 to RM56,000.

He said the award is reduced to cover the remaining eight months of Khairu Norliza’s contract, based on her monthly salary of RM7,000.

Justice Lee said Kool FM Radio Sdn Bhd’s decision to convert Khairu Norliza, popularly known as Liza Khairudin from employee to independent contractor was unjustified, as she was not given a choice in the matter.

Justice Lee said Khairu Norliza is considered a ‘workman’ under Section 2 of the Industrial Relations Act 1967 (IRA).

“In terms of work, she still had to clock in at normal hours and replace other radio announcers in case of emergency,” he said adding that her duties were an integral part of the employer’s business and the court was of the view that there was no reason to change her status to that of an independent contractor.

He said the radio station, owned by Media Prima Berhad, had a large degree of control over Khairu Norliza.

Today’s decision overturned the High Court's ruling on Aug 21 last year, which had allowed Kool FM Radio's judicial review.

On Feb 14, 2020, the Industrial Court ruled that Khairu Norliza was dismissed without just cause and ordered the radio station to pay her RM133,000 in back wages and compensation in lieu of reinstatement.

Khairu Norliza claimed she was offered a one-year position as a radio announcer with Hot FM from April 1, 2014, to March 31, 2015. This fixed-term employment contract was subsequently extended for another year, lasting until March 31, 2016.

The company then entered into another fixed-term contract with Synchrosound Studio, which lasted three years from April 1, 2016, to March 31, 2019. Under this contract, Khairu Norliza worked as a radio announcer for Kool FM.

In 2017, Khairu Norliza was notified that the company intended to engage its radio announcers, including her, as independent contractors rather than employees and she was required to register her own business in order to execute the new contract with the company.

Khairu Norliza registered a business under the name LKD Empire Sdn Bhd and entered into an independent contractor agreement on Dec 27, 2017. 

This agreement stipulated that her company would provide radio announcer services to the radio station for three years, from Dec 1, 2017, to March 31, 2019.

However, the contract was subsequently terminated on Aug 1, 2018. Aggrieved by the termination, she filed a complaint under Section 20 of the Industrial Relations Act (IRA), which was referred to the Industrial Court.

Lawyers Muhendaran Suppiah and Chong Wan Loo represented Khairu Norliza while Farah Dini Zaini and Aida Yasmin Cheree Mohamad acted for Kool FM Radio.

-- BERNAMA