Court awards RM93,000 to demoted train driver

22 Jun 2023 • 6:01 PM MYT
The Sun Daily
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PUTRAJAYA: A train driver, who worked his way to management but was subsequently demoted by Keretapi Tanah Melayu Bhd (KTMB), has won a long legal battle.

The Federal Court today awarded V. Mohan RM93,000 in damages, according to a report by The Malaysian Insight.

“This is a matter of dignity for me. The management gave in to pressure from the Railway Union of Malaysia. They were not happy with my appointment to a management position,” said Mohan, who has retired, after the judgment.

Lawyers Andrew Teh and Tan Chong Pei appeared for KTMB while Mohan was represented by V. Rajadevan and Fathin Delila Hamdan.

Mohan, while working as a train driver, had earned a bachelor of business (Business Administration) from the Royal Melbourne Institute of Technology in 2005.

Subsequently, while still driving trains for KTM, he obtained a master’s degree in business administration from Universiti Kebangsaan Malaysia in 2010.

According to the report, when KTMB advertised the position of industrial relations manager in 2015, Mohan applied for and was given the job. He was on probation for six months before he was confirmed.

During this period, Mohan was allowed to use his position in correspondence with no objection from management.

However, on July 2, 2015, the management transferred Mohan to another department and reassigned him to a lower grade and told him the position was commensurate with his qualifications.

That was until the railway union objected to the arrangement and KTMB reassigned him to his locomotive driver’s grade, the move that prompted Mohan’s suit.

Mohan said the demotion was an act of constructive dismissal. He had won his case at the Industrial Court and the High Court but the Court of Appeal had allowed KTMB to appeal.