JUDGMENT

Moses Susayan JC:

Introduction

[1] For 7 years, the Respondents stood by in silence, taking no disciplinary action against the Applicant, a school teacher, despite being fully aware of her earlier absenteeism. During most of this time, the Applicant served with dedication, earning promotions, commendations, and even an excellence award while serving as a teacher in another school. However, when she was eventually issued a show cause letter and responded with remorse, seeking to explain her circumstances, the Respondents seized upon her apology as the basis to terminate her. This case examines whether Respondents' conduct of inaction, sudden punishment, and disregard for fairness, renders the dismissal unlawful, unfair, and legally unsustainable.

Background Facts

[2] The Applicant, Farah Masyitah Binti Nordin began her career as a Pegawai Perkhidmatan Pendidikan (DG41) ie a teacher at SMKA Sultan Azlan Shah (SMKA SAS) in July 2014 under the 2nd Respondent. Early in her career, she faced significant personal hardships, including financial struggles, family issues, and emotional distress following two miscarriages in 2013 and 2014. Her long daily commute from Bercham, Ipoh, to Ser