ESHWARAN T RASIAH v. SUNWAY PYRAMID SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
EDDIE YEO SOON CHYE
AWARD NO. 1598 OF 2013 [CASE NO: 13/4-2618/2006]
23 SEPTEMBER 2013

DISMISSAL: Constructive dismissal - Status - Claimant suspended for an indefinite period of time - Whether the respondent had the authority to do that - Perusal of the contract of employment - Effect of - Whether the respondent by their conduct had evinced an intention to no longer be bound by the contract of employment - Factors to consider - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)

DISMISSAL: Constructive dismissal - Status - Claimant suspended indefinitely pending outcome of criminal investigation - Claimant seeking clarification and not getting a response - Whether he had delayed in terminating the contract - Factors to consider - Effect of - Whether constructive dismissal proven by the claimant - Evidence adduced - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)

DISMISSAL: Police investigation - Whether the claimant had been named as a suspect in the respondent's internal report - What the respondent had been under an obligation to do - Job functions of the claimant - Whether he had been negligent in carrying them out - Factors to consider - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)

PREVENTING AND ERADICATING WORKPLACE MISCONDUCT PART II

In Part I of this article, the Codes of Practice disseminated by the Ministry of Human Resources on Sexual Harassment and Drug and Alcohol Abuse were discussed. A list of strategies to prevent or at least reduce misconduct at the workplace was provided in the article. These strategies included hiring honest and trustworthy employees, conducting induction programmes, increasing activities which lead to engagement of employees and focusing on management behavior. Some more strategies will be suggested in this article.

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