KUALA Lumpur High Court today ordered Bank Negara Malaysia (BNM) to pay Y Kohila, who was dismissed for participating in Parti Sosialis Malaysia (PSM) activities in 2017, RM366,062 in damages as well as RM50,000 in costs.

Judge Datuk Ahmad Bache ruled on March 29 that the dismissal of the 48-year-old from her job as a BNM manager for participating in political activities from 2013 until 2017 was unlawful. He announced today the outcome of the damage assessment in court.

Ahmad stated that the central bank’s domestic inquiry was not conducted fairly and she was not given ample time and relevant documents to prepare for her defence.

He also said Kohila, who was charged with breaching three separate codes of conduct, was not given the right to be heard, which is a breach of natural justice as the inquiry had rejected her request for an external lawyer and witnesses to testify at the internal proceedings.

“The plaintiff should have been put as a defendant so she could defend herself but the bank refused to do so.

“She was put in a disadvantaged position…She did not have the chance to prepare for her defence during the inquiry.

“The plaintiff was not treated fairly. She did not have an opportunity to testify, only to be cross-examined by the panellists,” said Ahmad.

In May 2017, BNM issued her a show cause letter, citing her public support for PSM and participation in party-organised gatherings in 2016 as grounds for disciplinary action.

Following internal proceedings in May-June 2017, Kohila was found guilty on all three charges levelled against her. On July 19, she received a letter informing her of the guilty verdict and instructed her to vacate BNM’s premises within an hour.

She appealed the decision on Aug 3, 2017, but it was rejected on Sept 5. Dissatisfied with the outcome, she filed a suit against BNM on July 9, 2018, contesting her dismissal.

Kohila maintained her actions did not contravene any rules, while BNM insisted it acted within its rights to enforce employee conduct policies. — TMR