MOHD ALIAS MANDEH SHAH v. MODULAR CORP (M) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
GULAM MUHIADDEEN ABDUL AZIZ
AWARD NO. 1097 OF 2013 [CASE NO: 12/4-2102/06]
19 JUNE 2013

DISMISSAL: Misconduct - Whether the claimant's letters to the company and subsequently to the Securities Commission had been an attempt by him to slander and blackmail the company into settling his false claim - Evidence adduced - Evaluation of

DISMISSAL: Notice of termination - Termination simpliciter - What it constituted - Whether valid in view of s 20 of the Industrial Relations Act 1967 - Whether the company had dismissed the claimant on this basis - Factors to consider - Industrial Relations Act 1967, s. 20

DISMISSAL: Performance - Unsatisfactory performance - Whether proven by the company - Evidence adduced - Evaluation of - Effect of - Conduct of the company towards the claimant - Effect of - Whether the company's actions had been reasonable under the circumstances - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)

INDUSTRIAL COURT: Procedure - Action - Claimant bringing an action against the company for the Said Shares in the High Court - Judgement pronounced - Whether the matter could be re-adjudicated before the Industrial Court - Whether the principles of res judicata had applied to proceedings before the Industrial Court - Factors to consider

PREVENTING AND ERADICATING WORKPLACE MISCONDUCT

Preventing or eradicating workplace misconduct is every human resource practitioner’s dream. Is it possible? Is it a realistic objective? I doubt it. Every society throughout history has included misfits who prefer to deviate from the norms of accepted behaviour. Perhaps, however, misconduct can be substantially reduced with some effort from managers working together with the human resource experts in their respective organisations. It is curious that human resource practitioners are trained how to manage the disciplinary process. They learn to distinguish minor from major misconduct; they develop skills in investigating serious acts of misconduct and they attend training courses so that they can organise a domestic inquiry. But where are the learning events on preventing and eradicating misconduct? Is it understood that this being an impossible task, there is nothing to learn?

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