Beatrice Fernandez vs. Malaysian Airlines [2005] 2 CLJ 713

Appellant Beatrice Fernandez was a flight stewardess employed by the Malaysian Airlines system. The terms and conditions of her employment were governed by the collective agreement. The agreement required all stewardesses in the category to resign on becoming pregnant and in the event that she fails to resign, the airline shall have the right to terminate her services. Fernandez became pregnant but refused to resign. Consequently, her services were terminated. Thus, she filed suit submitting that the provisions of the collective agreement were discriminatory in nature, therefore contravening the Federal Constitution, rendering the collective agreement void. The court ruled against Fernandez, stating that the constitution, which protects an individual's legal right against contravention by the legislature, executive, or its agencies, does not extend to the infringement of an individual's legal rights by another individual. Moreover, there were special conditions applicable peculiarly to the job of a flight stewardess, which the first respondent as the employer was entitled to impose. Furthermore, the court took judicial notice that the nature of the job was certainly not conducive for pregnant women.