Court denies former SPAN legal director's petition for an appeal against dismissal

In a recent ruling, the Malaysian apex court has dismissed an application by Hayatunnisah Sulaiman to challenge her dismissal from the Social Science Research Council (SPAN). The three-member bench, chaired by Chief Judge of Sabah and Sarawak Azizah Nawawi, ruled that the application did not meet the threshold for leave to be granted, as set out in Section 96 of the Courts of Judicature Act 1964.

Hayatunnisah's dismissal from SPAN was due to her breach of statutory obligation of secrecy by divulging confidential information without prior approval. The charges against her included disclosure of confidential minutes to a lecturer at a local university for use in his book. Although the disclosures were not made for pecuniary gain, the court held that her breach of secrecy was a serious misconduct.

The present application before the apex court is a result of the Court of Appeal overturning the High Court's decision in favor of Hayatunnisah. The High Court allowed Hayatunnisah's application in 2022, but the Court of Appeal unanimously affirmed the decision of SPAN's disciplinary board to sack Hayatunnisah on Feb 26, 2023.

SPAN chairman Maximus Johnity Ongkili and its other commissioners were named as respondents to Hayatunnisah's application. Counsel GK Ganesan acted for Hayatunnisah in the court proceedings, while Lawyer Thavalingam Thavarajah and Aida Yasmin Cheree Mohamad represented SPAN.

Justice Azizul Azmi Adnan, delivering the ruling, stated that Hayatunnisah's dismissal did not offend the proportionality principle. He further noted that, given her senior and significant role within the organization, the severity of her misconduct warranted the termination of her employment. SPAN terminated Hayatunnisah's employment on July 26, 2017.

The court ruled that the five legal questions posed by Hayatunnisah were not novel or of public importance. The application before the apex court is seeking to challenge Hayatunnisah's dismissal from SPAN, but the ruling marks a significant victory for the organization in maintaining the confidentiality and integrity of its internal proceedings.

Sitting with Azizah were Justices Zabariah Yusof and Vazeer Alam Mydin Meera. The ruling brings to an end a legal battle that has spanned several years, and Hayatunnisah now has the option to appeal the decision to the Federal Court.