PETALING JAYA: The Kota Bharu High Court has dismissed a lawsuit filed by a lecturer against Universiti Sains Malaysia Kubang Kerian over an alleged failure to ensure a safe workplace.
Dr Nurul Aiman Mohd Yusof filed the suit in 2019, seeking damages for injury and loss of health allegedly caused by exposure to chemical pollution at the university’s anatomy department, located near the lecturers’ room.
She claimed that prolonged exposure to chemical pollutants had worsened her health.
Nurul sought more than RM4 million in special damages, as well as unspecified general and exemplary damages.
However, Justice Rosli Yusoff dismissed the suit, ruling that Nurul had failed to prove her claim on a balance of probabilities.
Rosli noted that Nurul and several fellow lecturers working in the department had experienced symptoms such as headaches, dizziness, fatigue, dry cough, sore throat, allergies, stress incontinence, and a reduced sense of smell and taste.
However, only the plaintiff experienced chest pain.
“This could be due to her congenital abnormality or birth defects in her coronary artery.
“The court is of the view that exposure to low levels of chemicals, including but not limited to xylene and formaldehyde, could not be the main cause of the plaintiff’s health issues,” he said.
He said her existing health condition may have been aggravated by the environment.
In dismissing the claim against USM Kubang Kerian, the court also noted that the university had provided Nurul with medical care from time to time.
“Various medical reports were prepared by HUSM (Hospital USM),” Rosli said.
The court further noted that the university took steps to monitor the situation after a complaint was first lodged in January 2010.
The university also relocated the lecturers’ room away from the anatomy department to another unit and upgraded its ventilation system in line with government SOPs.
