Sex pest case against employer succeeds

A woman has won an action against her former employer arising out of sexual harassment in the workplace, believed to be the first victory of its kind in Malaysia.

Women's groups are hoping the case will encourage other sexually harassed employees to take similar action.

The Industrial Court held that the resignation of Lilian Theresa De Costa as an operations director of Jennico Associates after she was twice sexually harassed by the company's managing director amounted to dismissal without just cause.

The court held that both allegations of sexual harassment by Ms De Costa against Zulkifli Mokti, and the events leading to her resignation, had been proven 'on a balance of probabilities'.

Court chairman Lim Heng Seng said Ms De Costa's failure to report the acts to the police did not mean her evidence was less credible.

Ms De Costa said that on December 31, 1993, she had visited Mr Zulkifli's office to wish him a happy New Year. 'I extended my hand to greet him and he pulled me to him and gave me a kiss on the lips.' When she protested he agreed not to do it again.