The Industrial Court determined that American Express (Malaysia) Sdn Bhd improperly terminated an employee who experienced years of bullying, harassment, and intimidation from his supervisor. The court concluded that the company did not sufficiently respond to the numerous complaints filed by the employee prior to initiating disciplinary measures against him.
Kuhendran, an ex-employee at American Express Malaysia, lodged a formal complaint after alleging that he had endured years of workplace bullying, harassment, and intimidation by a senior supervisor at American Express (Malaysia). He claimed the situation escalated over time despite multiple internal complaints raised to the company.
Employment History and Early Allegations
In 2014, Kuhendran joined the company as a senior credit specialist. Around 2015, he was subjected to persistent bullying and unfair treatment by his supervisor Vijay K. Jayadevan Nair, which created a hostile working environment for Kuhendran. He also stated that he had lodged internal complaints but the complaints were not properly investigated or resolved.
Over the years, the situation allegedly worsened, with claims of intimidation and inappropriate communication within the workplace. Kuhendran maintained that despite reporting the matter through internal authorities, no immediate effective action was taken by the management.
On March 3, 2022, Kuhendran escalated the matter by writing directly to American Express headquarters in New York. He requested intervention after stating that internal reporting mechanisms had failed to resolve the issue.
Disciplinary Action and Termination
Shortly after his complaint was escalated to the headquarters, Kuhendran received a show-cause letter from the company in 2022, accusing him of misconduct and performance issues. He disputed the allegations, arguing that the action was retaliatory. He was subsequently dismissed on June 23, 2022. The company maintained that the termination was based on performance and disciplinary grounds.
Court Ruling and Compensation
Kuhendran challenged his dismissal at the Industrial Court, arguing that he was wrongfully terminated after raising complaints of workplace bullying and harassment. American Express Malaysia defended the dismissal, stating that proper procedures were followed and that the termination was justified.
The Industrial Court ruled in favour of Kuhendran, finding that the dismissal was unfair and linked to retaliation. The court also held that the company failed to properly address his complaints regarding workplace bullying. American Express Malaysia was ordered to pay Kuhendran, RM153,200 in back wages and compensation in lieu of reinstatement. Kuhendran was represented by attorneys Bhavanash Sharma and J. Soarminie, while Trishelea Ann Sandosam, Rachel Tey, and Sofia Asyikin Mohd Kamil effectively represented the company.
Source: NST
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