AmEx Malaysia Had “Hostile” Workplace, Court Awards Former Employee RM153,200
The Industrial Court judge said the company failed to act on repeated harassment complaints and instead turned its focus on disciplining the employee who spoke up.
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A former American Express Malaysia employee who claimed he was subjected to years of bullying and intimidation at work has won his unfair dismissal case at the Industrial Court.
According to New Straits Times, the court ruled that R. Kuhendran, previously employed as a senior credit specialist, was wrongfully terminated in what chairman Augustine Anthony described as a workplace environment riddled with hostility and retaliation.
In the decision, the court ordered American Express (Malaysia) Sdn Bhd to compensate Kuhendran with RM153,200, which includes back wages and compensation in place of reinstatement.
According to the ruling, Kuhendran had been raising concerns internally for years over the conduct of his immediate superior, Vijay K. Jayadevan Nair. He claimed that instead of resolving the issue, the company subjected him to mounting disciplinary pressure and repeated scrutiny.
No meaningful action taken against the superior
The court heard that warning letters issued to Kuhendran beginning in 2015 were allegedly tied to his complaints regarding toxic workplace behaviour.
Despite formal reports being lodged, the judgment noted there was no meaningful intervention against the superior involved.
The situation intensified in March 2022 when Kuhendran escalated the matter to American Express headquarters in New York through a letter of demand seeking action over the alleged harassment.
Within three months, he was issued a show-cause letter accusing him of misconduct and unsatisfactory performance before being dismissed on 23 June 2022.
American Express defended its decision by pointing to what it described as longstanding performance and behavioural concerns involving the employee.
However, the court found the company’s explanations lacking sufficient evidence and described parts of its case as exaggerated and unclear.
Anthony also highlighted evidence presented during proceedings showing the superior had allegedly used degrading and sexually inappropriate remarks towards employees through the office messaging platform.
Court criticises the company for leaving the matter unchecked
In the award, the chairman criticised the company for allowing such behaviour to continue unchecked, saying the work environment had become unsafe for employees.
The court further questioned why the company appeared more inclined to protect the superior instead of addressing the grievances raised by staff members.
Anthony concluded that the dismissal appeared retaliatory in nature, especially given the timing of the disciplinary action after Kuhendran contacted the company’s US headquarters.
The court also found that Kuhendran was not placed under a proper performance improvement process prior to his dismissal.
As part of the award, the Industrial Court granted Kuhendran RM114,000 in back wages and RM39,200 as compensation in lieu of reinstatement.
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