Terminated because of pregnancy, attachment teacher awarded RM40,000 in damages

PUTRAJAYA: A mother of four whose contract as an untrained attachment teacher was terminated because she was pregnant nine years ago was awarded RM40,000 in general damages by the Federal Court here yesterday.

The five-man panel comprising Chief Judge of Malaya Tan Sri Ahmad Maarop and Federal Court judges Tan Sri Azahar Mohamed, Tan Sri Zaharah Ibrahim, Datuk Seri Balia Yusof and Datuk David Wong Dak Wah awarded an additional RM10,000 in damages to Noorfadilla Ahmad Saikin.

The court, however, set aside the Court of Appeal's award of RM10,000 to Noorfadilla for pain and suffering in 2016.

Justice Ahmad who chaired the panel had allowed partly Noorfadilla's appeal and also allowed partly the government's appeal.

However, he said there was no necessity for the court to decide on three legal questions relating to issues on assessment of general damages for breach of constitutional right.

In 2007, Noorfadilla sued Hulu Langat district education officers Chayed Basirun and Ismail Musa, Selangor Education Department director Dr Zahri Aziz, the Education Ministry directorgeneral, the Education Minister and the Government over the termination of her contract as an untrained relief teacher.

She sought a declaration that the termination of her contract for the reason that she was three months pregnant, was illegal.

In 2011, the Shah Alam High Court declared in a landmark decision that pregnancy was not a valid reason for the Selangor Education Department to deny Noorfadilla employment as an untrained relief teacher.

On Nov 10, 2014, High Court senior assistant registrar Ahmad Rizki Abdul Jalil awarded Noorfadilla RM300,000 in general damages for breach of constitutional rights and RM25,000 in damages for emotional and mental distress.

In February 2016, the High Court slashed the quantum of damages by 90 per cent to RM30,000 on grounds it was inappropriate and tantamount to profiteering.

The Court of Appeal in 2016 maintained the quantum of general damages and gave Noorfadilla RM10,000 for emotional and mental distress.

Noorfadilla was given leave to appeal by the Federal Court last year, which was heard yesterday.

The government also crossappealed.

Lawyer Honey Tan and Joachim Xavier represented Noorfadilla while senior federal counsel Suzana Atan and Shamsul Bolhassan appeared for the government. — Bernama