LETTER | There are different ways to skin a cat

LETTER | Much has been said of the recent demotion of former Tourism Malaysia director-general Ammar Abd Ghapar. Our comments so far are essentially based on emotional feelings for or against the demotion.

If we feel that the public servant is not performing, we generally would agree with the action of the minister regardless of the facts of the case. However, if we are for the employees, then we would argue that the swift action was not justified.

I do not intend to add to the justification or otherwise of the minister’s decision. For me, the decision taken especially on demotion and dismissal must follow procedures to ensure fairness and opportunity to be heard.

Employer and employee relations in this country are governed by the Employment and Industrial Relations Acts. These laws provide for rules of natural justice to ensure no victimisation.

In the public service, the rules are generally governed by the General Orders, which also include proper procedures when it comes to disciplinary actions taken and punishment meted out against public servants.

In fact, as far as I remember, in demotion and dismissal cases, usually the disciplinary boards are constituted by very senior officials to hear the case.

In Ammar’s (above) case, has a show-cause letter been issued against him? If we want to act against an employee, more so a senior one, we must issue him/her a show-cause letter stating the misconduct or lack of competency/capacity against the person.

After which we need to allow sufficient time and opportunity for the employee to answer the charges stated in the show-cause letter. This is the essence of natural justice - the right to be heard. 

Once the show-cause letter is answered, a disciplinary board consisting of “disinterested” parties will hear the case.

It is the disciplinary board that will determine the guilt or innocence of the person and the appropriate punishment to be meted out. This is to ensure fairness both to the employers and the employees.

To me, I don’t think there is such a thing as the power to appoint and demote or dismiss an employee without going through the proper procedures.

Practising the law of the jungle will only lead to more animosity and court cases later.

Malaysia must be seen as a nation practising fairness and dispensing justice even when making difficult decisions. This is the better approach compared to making arbitrary decisions, especially on those that affect the livelihood and dignity of others. 

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.