KUALA LUMPUR, August 17 — A former director of a government hospital in Kota Kinabalu may take the government to court over his transfer to the Sabah state health department (JKNS), said his lawyer.
Joan Goh, who represented the ex-hospital director, said her firm had submitted a formal representation to the Ministry of Health (MOH) last August 10 to challenge the transfer, requesting an explanation of the reasons and evidence relied upon as the basis for the decision.
“The representation also raised issues of procedural fairness, the absence of any opportunity for our client to be heard before the decision was made, and the legal basis and authority relied upon to remove him from his functions as hospital director. To date, there has been no response from MOH,” said Goh in a statement yesterday.
The lawyer questioned JKNS’ authority to remove her client as hospital director before the conclusion of any disciplinary process.
“We have received instructions to take such legal action as may be necessary should this matter not be resolved lawfully and fairly, including challenging the administrative decision by way of judicial review proceedings in the High Court,” said Goh.
“We have also received instructions to commence legal proceedings against certain individuals.”
Last Saturday, Health Minister Dzulkefly Ahmad told reporters in Kota Kinabalu that the former director of an MOH hospital has been transferred to JKNS’ medical division as a medical officer, following completion of an internal investigation by the ministry into sexual harassment claims against the man.
However, Dzulkefly did not disclose the findings of the probe, simply saying that JKNS has submitted an official report to the Public Service Department (JPA) for further action because of JPA’s source of power and authority, by virtue of the former hospital director’s grade.
CodeBlue previously reported on July 27 that the hospital director, who was accused of sexually harassing at least two female subordinates in his hospital, had been transferred to JKNS.
Goh demanded details of the internal investigation and its findings.
“If the investigation report was relied upon to take action affecting our client’s position, career, and reputation, then, as a fundamental matter of fairness, our client ought to have been given an opportunity to know and respond to the material used against him,” she said.
According to the lawyer, police have classified its sexual harassment investigation into her client as “no further action (NFA)”.
“It is therefore important that the public should not conclude that the administrative transfer imposed upon our client constitutes a finding that he had committed sexual harassment. It is neither a conviction nor a finding of misconduct,” said Goh.
“We are deeply concerned that public statements concerning action taken against our client have been made in the context of allegations of sexual harassment when the process and our client’s legal position have yet to be finally determined.
“Our client does not dispute that MOH has a responsibility to ensure the safety and welfare of all its staff. Nor has he ever suggested that any complaint made should not be investigated.
“All that he seeks is that any action taken against him must be carried out in accordance with law, based on evidence, through a fair process and without prejudgment of allegations which remain disputed.”
Goh said her client has served in public service for approximately 30 years and now has only about eight months remaining before retirement.
“The action [of] removing him from his position and functions as director at the end of his career has very serious consequences for his professional standing, reputation, and remaining period of service. Accordingly, this matter cannot simply be regarded as an ordinary administrative transfer without an explanation of the true basis for the decision.”
