CASE HIGHTLIGHTS

ABDUL MUTALIB MOHAMAD v. SWM GREENTECH SDN BHD
INDUSTRIAL COURT, JOHOR
SUMATHI MURUGIAH
AWARD NO. 43 OF 2021 [CASE NO: 16/4-1646/19]
7 JANUARY 2021

DISMISSAL: Breach of company rules and policies – Bribery – Whether the claimant had accepted a bribe for the transaction involving the 25 RORO bins to USE NESS Enterprise – Factors to consider – Evidence adduced – Evaluation of – Effect of – Whether the company had successfully proven the charge against him – Whether it had amounted to gross misconduct justifying his dismissal – Whether dismissal without just cause or excuse

DISMISSAL: Breach of company rules and policies – Dishonesty – Whether the claimant had handed the said sum to COW2 for the disposal of the company’s 25 RORO bins to USE NESS Enterprise – Factors to consider – Evidence adduced – Effect of – Claimant’s defence – Whether acceptable – Whether the company had succeeded in proving the misconduct against him – Whether it had amounted to gross misconduct justifying his dismissal – Whether dismissal without just cause or excuse

DISMISSAL: Misconduct – Whether the claimant had misused the company’s manpower for his personal benefit – Factors to consider – Evidence adduced – Evaluation of – Effect of – Whether the charges had been proven by the company successfully against him – Whether it had justified his dismissal

DOMESTIC INQUIRY: Procedural impropriety – DI panel composition – One of the panel members lower in rank to the claimant – Claimant not objecting to it either prior to, at the commencement of or during the DI – Effect of – Whether it had neutralised or affected the impartiality of the DI panel members as a whole

EVIDENCE: Documentary evidence – Minutes of the DI – Whether it had been accurate and reliable – Factors to consider – Evidence adduced – Effect of – Whether the principles of natural justice had been complied with in the conduct of the DI

MOHD HAFIZUL ABDUL RAHIM v. MALAYSIA AIRLINES BERHAD
INDUSTRIAL COURT, JOHOR
SUMATHI MURUGIAH
AWARD NO. 220 OF 2021 [CASE NO: 16/4-2134/19]
10 FEBRUARY 2021

DISMISSAL: Breach of company rules and policies – Claimant posting comments on his Facebook page in his freetime and using his own internet facility – Whether the claimant had posted comments on his Facebook page, in breach of the Company’s Policy and Code – Factors to consider – Evidence adduced – Effect of – Whether his comments had used derogatory words in relation to the company’s management and those holding management positions – Effect of – Whether his actions had compromised the reputation and integrity of the company – Whether the relationship of mutual trust and confidence that had been placed in him as an employee had been broken by him – Whether the allegation had successfully been proven by the company against him – Claimant’s defence – Whether acceptable – Whether dismissal with just cause and excuse

DISMISSAL: Misconduct – Claimant referring to the company’s management as “lembu” on his FB page – Whether it had been an insult to it – Factors to consider – Evidence adduced – Effect of – Whether it had constituted major misconduct – Whether the misconduct had been proven by the company against him – Claimant’s defence – Whether could be accepted – Whether the company had acted reasonably in dismissing him – Whether dismissal with just cause and excuse