The Kota Kinabalu High Court has ordered for 3 former students of Sekolah Menengah Kebangsaan (SMK) Taun Gusi, Kota Belud, to be compensated RM50,000 each for an English teacher’s failure to attend class for 7 months in 2017.
According to a report by Berita Harian, Judge Leonard David Shim made the decision after allowing the claims of Rusiah Sabdarin, Nur Natasha Allisya Hamali and Calvina Angayung, who are all 22-years-old.
In the judgement, the court ordered compensation to be paid to the 3 former students due to the trauma they suffered.
The trio in the suit filed on December 7, 2020, named their former teacher, Mohd Jainal Jamran as the first defendant.
The principal of SMK Taun Gusi at that time, Suid Hanapi; the Director General of Education Malaysia; the Education Minister and the Malaysian government respectively were named the second, third, fourth and fifth defendants.
In a 74-page judgment, the court found that the plaintiff successfully proved the case based on the balance of probabilities, after considering the testimonies of both parties and all the evidence presented.
The court found that the case involved questions regarding the constitutional right to education, in addition to issues of public interest.
“The defendant violated the plaintiffs’ constitutional rights under Article 5 read together with Article 12 of the Federal Constitution. The defendant also violated the constitutional right to education and the right to be provided with teachers who attend classes to teach and prepare the plaintiffs for their English exams,” said Judge Leonard David Shim.
In fact, the court found that the evidence also showed the date of the first defendant’s absence was the same as the records of the Sabah Education Department (JPNS).
There was also no evidence to show that the first defendant was on vacation or involved in other school activities during the period of the absence.
Education is an important aspect in everyone’s lives and it shouldn’t be taken lightly.
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