CASE HIGHTLIGHTS

DALIA ASH’ARI v. MALAYSIA AIRPORTS (NIAGA) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
PARAMALINGAM J DORAISAMY
AWARD NO. 178 OF 2020 [CASE NO: 22(4)(22)/4-503/19]
20 JANUARY 2020

DISMISSAL: Breach of company rules and policies – Medical leave – Claimant going on holiday whilst on medical leave – Whether it had been a serious misconduct – Factors to consider – Evidence adduced – Effect of – Claimant’s defence – Whether could be accepted – What the claimant’s actions had shown – Whether she had been guilty of malingering – Meaning of malingering – Whether it had justified the company dismissing her – Whether dismissal without just cause and excuse

DISMISSAL: Breach of company rules and policies – Medical leave – Purpose of medical leave – Whether it had been up to her to decide what she could, or could not do, depending on the gravity of her illness or injury – Whether she had clearly betrayed the trust and confidence that had been reposed in her by the company – Whether there had been any mala fide intention on the part of the company – Factors to consider – Effect of – Whether the claimant’s misconduct had been serious enough to warrant her dismissal


INA MELIESA HASSIM v. MALAYSIA AIRLINES BERHAD
INDUSTRIAL COURT, KUALA LUMPUR
SYED NOH SAID NAZIR
AWARD NO. 394 OF 2020 [CASE NO: 21(31)(20)/4-957/18]
14 FEBRUARY 2020

DISMISSAL: Breach of company rules and policies – Non-compliance with company’s weight management policy – Whether the claimant had failed to comply with the company’s weight management policy – Factors to consider – Evidence adduced – Effect of – Rationale for the introduction of the policy – Whether justifiable – Whether objected to by the claimant at the material time – Effect of – Whether the misconduct had been proven against her – Whether it had justified her dismissal

DISMISSAL: Breach of company rules and policies – Non-compliance with company’s weight management policy – Whether the policy had been imposed with mala fide intent and had discriminated against the claimant – Factors to consider – Evidence adduced – Effect of – Claimant’s defence – Whether it could be accepted – Claimant’s years of service with the company – Whether her conduct had justified her dismissal – Whether dismissal without just cause and excuse