AZMAN MOHAMAD v. ORIENTAL SUMMIT INDUSTRIES SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ANDERSEN ONG WAI LEONG
AWARD NO. 271 OF 2017 [CASE NO: 19/4-267/15]
15 FEBRUARY 2017

DISMISSAL: Breach of company rules and policies - Bribery - Acceptance of - Whether the claimant had demanded and had been taking bribes from the company's contractor - Evidence adduced - Effect of - Whether the charge had been proven by the company - Claimant's defence - Whether acceptable - What the company had to prove - Whether it had had reasonable grounds for believing that the claimant had taken the monies - Evaluation of the evidence adduced - Effect of - Whether the company's actions had been reasonable - Factors to consider - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)

EVIDENCE: Documentary evidence - Findings of the DI - Whether valid - Factors to consider - Whether the rules of natural justice had been complied with - Effect of

EVIDENCE: Standard of proof - Misconduct of a criminal nature suspected or gross misconduct bordering on criminality alleged - What standard of proof is required to be proven - Whether it had been sufficient for the employer to have acted reasonably in dismissing the employee - Factors to consider - Effect of

AZREE AHMAD v. CARAVAN SERAI SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
MOHD DUSUKI MOKHTAR
AWARD NO. 279 OF 2017 [CASE NO: 11/4-48/15]
16 FEBRUARY 2017

DISMISSAL: Insubordination - Claimant walking away from the area after having a misunderstanding with COW1 - Whether the claimant had acted in an insubordinate manner towards his superior - Evidence adduced - Effect of - Company's actions thereafter - What it had shown - Whether the claimant had been dismissed by the company - Whether his dismissal had been justified under the circumstances - Whether dismissal without just cause and excuse

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