Federal Court Rejects Former SPAN Legal Director's Plea for Appeal on Dismissal Decision
In a recent ruling, the Federal Court of Malaysia has refused Hayatunnisah Sulaiman's application for leave to appeal her dismissal by the Securities Commission Malaysia (SPAN) in 2017. The refusal upholds the Court of Appeal's unanimous decision that her termination for breach of secrecy was lawful.
The case stems from Hayatunnisah's disclosure of confidential information without approval, violating her statutory secrecy obligations. The three-member Federal Court bench, chaired by Chief Judge of Sabah and Sarawak Azizah Nawawi, ruled that the legal questions raised by Hayatunnisah were not novel or of public importance and therefore did not meet the threshold for leave to appeal under Section 96 of the Courts of Judicature Act 1964.
Hayatunnisah named SPAN chairman Maximus Johnity Ongkili and its other commissioners as respondents to the application. The dismissal of Hayatunnisah was upheld by the Court of Appeal, with Justice Azizul Azmi Adnan delivering the ruling. He stated that Hayatunnisah's dismissal did not offend the proportionality principle due to her senior and significant role within the organization.
The case involved charges against Hayatunnisah for disclosure of confidential minutes to a lecturer at a local university for use in his book. One of the specific grounds cited by Hayatunnisah in her judicial review application was procedural impropriety in the disciplinary process. However, the court held that although Hayatunnisah's disclosures were not made for pecuniary gain, her breach of secrecy was considered a serious misconduct.
Lawyer Thavalingam Thavarajah and Aida Yasmin Cheree Mohamad represented SPAN in the court proceedings, while GK Ganesan acted for Hayatunnisah. The ruling by the bench was made in relation to Hayatunnisah Sulaiman's case, and the current application before the apex court is a result of the overturning of Hayatunnisah's judicial review by the Court of Appeal.
With this decision, the Court of Appeal’s ruling stands final, and Hayatunnisah's termination stands as legally upheld. No further appeals are allowed at this time.
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