Former Post editor wins court battle after 10 years of unjust layoff

[webfact]

Former Post editor wins court battle after 10 years of unjust layoff



BANGKOK: -- The Supreme Labour Court today ruled in favour of the Labour Court that Post Publishing Co Ltd had illegitimately terminated employment of an editor for running a news story about the cracking of a runway at Suvarnabhumi airport 10 years ago.

The editor in charge of security news of the Bangkok Post newspapers Mr Sermsuk Kasitipradit filed legal case against the newspapers publisher and owner in the Labour Court after he was sacked for running the news report about the cracks on a runway in August 2005.

The primary Labour Court ruled in his favour and ordered that the company reinstated him, paid provident fund on the part of the company’s contribution plus 7.5 % interest.

However the editor appealed the ruling to the Supreme Labour Court which the final verdict was read to both disputed parties today.

In the final ruling, the supreme court ordered Post Publishing to pay provident fund on the part of the company’s contribution plus 7.5% interest, also to pay compensation from damage caused by the termination of employment with no given advance notice.

Besides the court also ordered the company to remedy the editor from loss for the termination of employment while allowing the company not to reinstate him back to work.

Mr Sermsuk said he decided to bring his case to the court to make the case a social norm.

Details of the compensation will be decided again when the two disputed parties are to meet again in the Supreme Court for talks on the compensation figures on July 17.

Source: http://englishnews.thaipbs.or.th/former-post-editor-wins-court-battle-after-10-years-of-unjust-layoff


-- Thai PBS 2015-06-29

[trogers]

Wasn't this a result of the Democracy expounded by Thaksin's supporters?

[ALLSEEINGEYE]

I hope that all can see and remember that the Taksin clan has done as much if not much more to suppress free speech than what the current government is being accused of.

I can't remember the exact year but at one point when Takky was in charge there were over 40 editors that resigned at the same time as a protest against his censorship of the press.

I don't see any mass exodus like that now, do you?

[Jessi]

[EnglishJohn]

It's no surprise. Bangkok Post are well and truly bought.

Like most of the press here.

[SOUTHERNSTAR]

I hope that all can see and remember that the Taksin clan has done as much if not much more to suppress free speech than what the current government is being accused of.

I can't remember the exact year but at one point when Takky was in charge there were over 40 editors that resigned at the same time as a protest against his censorship of the press.

I don't see any mass exodus like that now, do you?

Sorry but TS didn't fire this guy, he was fired by an editor of a pro yellow shirt newspaper. To what lenghts will people go to, to blame anything and everything on Thaksin. Why cant you and your buddies get past Thaksin and into the present so that we can create a future for the country. Thaksin is part of history and by contuining to concentrate on him instead of our current problems you are wasting your time and energy. By trying to blame TS for this you are trying to whitewash the oppression of today - 2 wrongs dont make a right. Stop giving attention to Thaksin and lets move along, he has no future in this country, but never does todays oppression.

[khunken]

I hope that all can see and remember that the Taksin clan has done as much if not much more to suppress free speech than what the current government is being accused of.

I can't remember the exact year but at one point when Takky was in charge there were over 40 editors that resigned at the same time as a protest against his censorship of the press.

I don't see any mass exodus like that now, do you?

Sorry but TS didn't fire this guy, he was fired by an editor of a pro yellow shirt newspaper. To what lenghts will people go to, to blame anything and everything on Thaksin. Why cant you and your buddies get past Thaksin and into the present so that we can create a future for the country. Thaksin is part of history and by contuining to concentrate on him instead of our current problems you are wasting your time and energy. By trying to blame TS for this you are trying to whitewash the oppression of today - 2 wrongs dont make a right. Stop giving attention to Thaksin and lets move along, he has no future in this country, but never does todays oppression.

No one here is blaming Thaksin for 'everything' but he sure as hell forced (by his paid acolytes) the Bangkok Post fire the reporter. The editor fired him under threat of defamation.

I'm not comparing this to today (but could easily), but your attempts to rewrite the history of the episode and calling the Post a pro-yellow shirt paper is pure biased rubbish.

My congratulations to the reporter for finally achieving justice.

[AlQaholic]

Wow time goes past fast, I remember it like yesterday about the runway cracks and the subsequent hush up, 10 years ago already wow!

[chainarong]

I hope that all can see and remember that the Taksin clan has done as much if not much more to suppress free speech than what the current government is being accused of.

I can't remember the exact year but at one point when Takky was in charge there were over 40 editors that resigned at the same time as a protest against his censorship of the press.

I don't see any mass exodus like that now, do you?

Sorry but TS didn't fire this guy, he was fired by an editor of a pro yellow shirt newspaper. To what lenghts will people go to, to blame anything and everything on Thaksin. Why cant you and your buddies get past Thaksin and into the present so that we can create a future for the country. Thaksin is part of history and by contuining to concentrate on him instead of our current problems you are wasting your time and energy. By trying to blame TS for this you are trying to whitewash the oppression of today - 2 wrongs dont make a right. Stop giving attention to Thaksin and lets move along, he has no future in this country, but never does todays oppression.

I think the point being made the case started in the Thaksin era whilst he was P.M. and I remember this very well and how the Thaksin Shinawatra administration tried their hardest to discredit and you have to also remember Thaksin wouldn't allow reporters any interviews or questions if they didn't give him a good coverage, Prayut - O isn't the only thin skinned PM.

[animatic]

I hope that all can see and remember that the Taksin clan has done as much if not much more to suppress free speech than what the current government is being accused of.

I can't remember the exact year but at one point when Takky was in charge there were over 40 editors that resigned at the same time as a protest against his censorship of the press.

I don't see any mass exodus like that now, do you?

Sorry but TS didn't fire this guy, he was fired by an editor of a pro yellow shirt newspaper. To what lenghts will people go to, to blame anything and everything on Thaksin. Why cant you and your buddies get past Thaksin and into the present so that we can create a future for the country. Thaksin is part of history and by contuining to concentrate on him instead of our current problems you are wasting your time and energy. By trying to blame TS for this you are trying to whitewash the oppression of today - 2 wrongs dont make a right. Stop giving attention to Thaksin and lets move along, he has no future in this country, but never does todays oppression.

He was fired by the papers publisher and senior staff, because

Thaksin had filed a billion baht + suit against them

and arrayed a hundred lawyers at them

and they caved.

That was the PRIMARY REASON this poor guy was fired.

He told the truth, with photographic evidence,

and that still wasn't good enough for his bosses

under the pressure of Shinawatra legalized blackmail.

Second, Thaksin's minions ALSO pressured most major advertisers to

withdraw most of the papers full page ads and recurring ad buys,

amounting to millions of daily lost revenue.

In ONE Week flat most of it's revenue stream revenue was stripped from the paper,

AND it was sued for at least 1 Billion baht. And Thaksin had plenty of lawyers on retainer

to keep on filings and motions to tie it up for years.

Quid pro quo? Fire the editor and reporter with bad reference and retract the story.

They caved.

It took 10 years for this poor guy to dig out from under it,

and he was faultless and 100% correct in his facts and reporting.

Edited June 29, 2015 by animatic

[realenglish1]

I am glad he finally is vindicated The post should pay for caving in on Thaksins pressure tatics

That is a good reason why I don't read the BP Its very slanted

[Bangkok Barry]

I hope that all can see and remember that the Taksin clan has done as much if not much more to suppress free speech than what the current government is being accused of.

I can't remember the exact year but at one point when Takky was in charge there were over 40 editors that resigned at the same time as a protest against his censorship of the press.

I don't see any mass exodus like that now, do you?

Sorry but TS didn't fire this guy, he was fired by an editor of a pro yellow shirt newspaper. To what lenghts will people go to, to blame anything and everything on Thaksin. Why cant you and your buddies get past Thaksin and into the present so that we can create a future for the country. Thaksin is part of history and by contuining to concentrate on him instead of our current problems you are wasting your time and energy. By trying to blame TS for this you are trying to whitewash the oppression of today - 2 wrongs dont make a right. Stop giving attention to Thaksin and lets move along, he has no future in this country, but never does todays oppression.

You are very naive if you think the editor of a newspaper in Thailand, yellow shirt or not, could defy the wishes of the government. Thaksin was well known for sending his thugs into newspaper offices to challenge and intimidate any reporter who wrote something that offended him. What this reporter wrote caused such loss of face that he had to be punished. It mattered not at all that what he wrote was true. That is the Thai way. Face comes first, truth second. We all know that.

Remember the farce, the pantomime, when the airport wasn't ready to be opened on time, and Thaksin took a flight from the new airport to the old on the appointed date to show that, indeed, the airport was operational when he said it would be. No-one dared to point out the reality - that there were no scheduled flights and no passengers coming or going except for himself and his cronies.

Edited June 29, 2015 by Bangkok Barry

[borisloosebrain]

Remember the case well, part of Thaksins' highlights package, along with the 400 million baht lawsuit against a female reporter who wrote an article pointing out that Thaksins' family companies had done very well under his Government. The report was true ,it was non defamatory and his response was pure intimidation. Lest we forget.

Edited June 29, 2015 by borisloosebrain

[Jonmarleesco]

What_Cracks-1.jpg

Someone seemingly recalls Jim Callaghan's, 'Crisis? What crisis?'

[Jonmarleesco]

Remember the case well, part of Thaksins' highlights package, along with the 400 million baht lawsuit against a female reporter who wrote an article pointing out that Thaksins' family companies had done very well under his Government. The report was true ,it was non defamatory and his response was pure intimidation. Lest we forget.

'The report was true ...' As are many others, and non-media claims. But remember how lopsided Thailand's defamation law is.

[geriatrickid]

Good on Mr Sermsuk Kasitipradit, he bravely pointed out a big case of "the king not having any clothes" during the Thaksin era. The Post caved under political pressure and sacked him.

The cracks in the runways he publicised caused some consternation the people certifying swampy at the time.

Didn't take long to blame Thaksin for the issue did it? Unfortunately, your attempt to blame Thaksin is wrong. As you may recall, one of the justifications that the army gave for its coup in 2006 was corruption at BKK. Try as they might they could not substantiate the allegations. The military replaced the administration and management at AOT. Multiple investigations were launched. NOT ONE Credible instance of allegation was proven. Not one. Can you name any? Some of the anti Thaksin forces went out of their way to make the claims. This case was adjudicated on the basis of the labour law and the termination of a long time employee and whether a suspension and/or proper disciplinary action was taken. The court said the penalty was too harsh. It was not about the veracity of the subject.

And now for a history lesson. Do you recall the extensive multiple investigations undertaken by the Engineering Institute of Thailand (EIT) between October and December 2006 that cleared the airport, although it identified some rutting on taxiing tarmac? There was some plastic deformation reported at the standing points near the takeoff zones caused by the heavy aircraft compressing the tarmac. The runways were never ever considered deficient or unsafe. However, the EIT did identify the cause of the rutting and it was related to the water trapped under the tarmac.

Now here's what you convemiently did not mention: The military appointed AOT refused to accept the findings of the EIT. The military PM General Surayud Chulanont REFUSED to accept the findings and allow the repairs at the time. In case you also missed it, ITO Joint Venture, comprising Italian-Thai Development PCL, Takenaka Corporation and Obayashi Corporation were responsible for the construction of the airport. Any deficiencies were their responsibility. And as a final reminder, all airports have start up design flaws and defects in the first year. They get fixed. Heathrow's T5 was a disaster for months, Denver's baggage system didn't work for years, Pearson's T3 was poorly integrated etc. etc. The fact is that the airport works now and has been a success and is certainly better than most airports in North America and the EU.

[TallGuyJohninBKK]

A very rare instance of real justice finally being served here, and it only took a decade to finally reach a final judgment.

Shame on the BP for firing the guy, and equal shame on the politicians at the time who pressured the newspaper to retract its reporting.

I hope the paper ends up having to pay plenty in compensation for the case.

Curious to know, what's the guy been doing ever since being sacked by the BP?

[rubl]

Good on Mr Sermsuk Kasitipradit, he bravely pointed out a big case of "the king not having any clothes" during the Thaksin era. The Post caved under political pressure and sacked him.

The cracks in the runways he publicised caused some consternation the people certifying swampy at the time.

Didn't take long to blame Thaksin for the issue did it? Unfortunately, your attempt to blame Thaksin is wrong. As you may recall, one of the justifications that the army gave for its coup in 2006 was corruption at BKK. Try as they might they could not substantiate the allegations. The military replaced the administration and management at AOT. Multiple investigations were launched. NOT ONE Credible instance of allegation was proven. Not one. Can you name any? Some of the anti Thaksin forces went out of their way to make the claims. This case was adjudicated on the basis of the labour law and the termination of a long time employee and whether a suspension and/or proper disciplinary action was taken. The court said the penalty was too harsh. It was not about the veracity of the subject.

And now for a history lesson. Do you recall the extensive multiple investigations undertaken by the Engineering Institute of Thailand (EIT) between October and December 2006 that cleared the airport, although it identified some rutting on taxiing tarmac? There was some plastic deformation reported at the standing points near the takeoff zones caused by the heavy aircraft compressing the tarmac. The runways were never ever considered deficient or unsafe. However, the EIT did identify the cause of the rutting and it was related to the water trapped under the tarmac.

Now here's what you convemiently did not mention: The military appointed AOT refused to accept the findings of the EIT. The military PM General Surayud Chulanont REFUSED to accept the findings and allow the repairs at the time. In case you also missed it, ITO Joint Venture, comprising Italian-Thai Development PCL, Takenaka Corporation and Obayashi Corporation were responsible for the construction of the airport. Any deficiencies were their responsibility. And as a final reminder, all airports have start up design flaws and defects in the first year. They get fixed. Heathrow's T5 was a disaster for months, Denver's baggage system didn't work for years, Pearson's T3 was poorly integrated etc. etc. The fact is that the airport works now and has been a success and is certainly better than most airports in North America and the EU.

After this party political broadcast let's return to reality

2005-08-30

""David Armstrong, the deputy chief executive officer of Post Publishing, said disciplinary action was clearly warranted.

"This was not a simple mistake ... The number of errors and misjudgments in the lead-up to the publication of the story was so great that firm action was both justified and necessary," he said.""

http://www.international.ucla.edu/asia/article/29168

2006-11-03

"Retired Army officer General Boonlert Kaewprasit and the newspaper's upcountry news editor Naowarat Suksamran told the Labour Court how Sermsuk was tipped off by a news source and got editorial approval before having his story published.

The newspaper ran a retraction following a legal threat and a strong denial from the government. It also sacked Sermsuk on grounds that he neglected to verify the pertinent details in the report. Sermsuk petitioned the Labour Court to order Post Publishing Co to pay Bt17 million in damages and release his contributions of Bt623,000 to the newspaper's provident fund."

http://www.nationmultimedia.com/2006/11/03/politics/politics_30017923.php

Oh, by the way Gen Surayut was appointed PM 2006-10-01 so obviously all problems first reported more than a year before are his fault. At least as some seem to see it.

Edited June 29, 2015 by rubl

[webfact]

COURT
Court win 'overwhelms' former Post journalist
THE NATION



Sermsuk hopes verdict stems tide of political interference

THE Bangkok Post's ex-chief reporter for military and security affairs, Sermsuk Kasitipradit, yesterday proclaimed victory after the Supreme Court ruled that the newspaper had unfairly dismissed him over his report in 2005 about cracks on the new Suvarnabhumi Airport's runway.

Sermsuk had earlier taken Post Publishing Plc, publisher of the Bangkok Post, the paper's former editor David Armstrong and the board of the newspaper's provident fund to the Central Labour Court after claiming his employment was unfairly terminated on August 29 2005, when the paper accused him of negligence in his reporting that caused damage to the company.

Sermsuk had asked the court to order the Bangkok Post to reinstate him at a salary no less than the amount he earned when dismissed. He also wanted the defendants to pay him Bt8 million in lost income and Bt5 million for damaging his honour plus 7.5 per cent annual interest. He had also sought the newspaper's provident fund to pay him an employer contribution of Bt623,700 plus interest.

The court ruled on July 24, 2007 that the company had dismissed him unfairly and ordered it to reinstate him with a salary not less than what he earned when he was dismissed. The court also ordered the company's provident fund to pay the employer's contribution plus interest. The court dropped the other charges and acquitted Armstrong of the charges.

Both the plaintiff and the defendants appealed against the ruling in the higher court.

The Supreme Court ruled that since Sermsuk and his former employee could no longer work together, the defendants must pay compensation to the plaintiff for ending his employment unfairly in accordance with Article 49 of the Labour Courts and Labour Court Procedures and the Establishment of the Labour Court Act.

The court ordered the Central Labour Court to determine the amount of compensation Sermsuk should receive.

The Central Labour Court scheduled July 17 as the date to decide the amount, which would be based on Sermsuk's age when he was dismissed, which was 50 years old, his 22 years of service to the paper and the troubles he went through following his dismissal.

Sermsuk, who is now the editor of Digital News TV, said he was overwhelmed by the court's ruling and was happy that his court struggle had set the norms for the media.

"What happened to me should not happen to others in this field. This is very important. From now on, capitalists must not fire journalists on the order of the political sector,'' he said.

"Thanks to the justice system. I have fought this case for 10 years. The Bangkok Post offered me Bt3 million but I think it was not right,'' he said.

He said he gave the Bangkok Post 22 years of service without a tainted record. "So I was shocked by what happened to me that day,'' he said.

He insisted that he was dismissed because of political interference. "A reporter during the Thaksin government testified in court that politics was behind my dismissal,'' he said.

Nakhon Chompuchat, Sermsuk's lawyer, said that apart from the compensation, the provident fund had to pay the employer contribution to Sermsuk in accordance with the lower court ruling.

Supporters of Sermsuk showed up to provide him and his family with moral support yesterday, including former Army chief adviser General Bunlert Kaewprasit, who testified as a plaintiff witness.

Source: http://www.nationmultimedia.com/national/Court-win-overwhelms-former-Post-journalist-30263386.html


-- The Nation 2015-06-30

[webfact]

post with wrong formatting removed

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