MOHD FAUZI MOHD SHARIFF v. BANK ISLAM MALAYSIA BERHAD
INDUSTRIAL COURT, PENANG
JEYASEELEN T ANTHONY
AWARD NO. 25 OF 2025 [CASE NO: 18-4-1600-22]
6 JANUARY 2025

Abstract – While sleeping at workplace may constitute a misconduct, dismissal may be considered a disproportionate punishment to the said misconduct if: (i) the misconduct is not serious enough to fundamentally breach the employment contract, as opposed to more grave misconducts concerning theft, fraud and violence; (ii) the employee is a first-time offender with no prior warnings for similar behaviour; and (iii) there are significant mitigating factors, such as good work performance and achievement of targets and medical conditions that may have contributed to the sleeping incidents, as in this case, sleep apnea. In such situations, less severe disciplinary actions, ie, demotion or warnings, would be the more appropriate punishment.

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FATEN ALINA PATEH AKHIR v. SITI HEALTHCARE SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ANDERSEN ONG WAI LEONG
AWARD NO. 116 OF 2025 [CASE NO: 15-4-1425-23]
22 JANUARY 2025

Abstract – (i) Terms like annual leave entitlement and the timely payment of salary and statutory contributions are fundamental terms of an employment contract. Unilateral changes to these terms by the employer, without the employee’s consent, may amount to a fundamental breach that goes to the root of the contract. If such situation occurs, an employee is then entitled to treat the employment contract as repudiated and may claim for constructive dismissal; (ii) Certain complaints regarding violations of the Employment Act 1955 may not be the proper subject of a constructive dismissal claim in the Industrial Court as they should instead be addressed to the Director General of Labour.