KAVITHA CHAKRAVARTHY v. MALAYAN BANKING BERHAD
INDUSTRIAL COURT, KUALA LUMPUR
AUGUSTINE ANTHONY
AWARD NO. 380 OF 2021 [CASE NO: 4/4-2000/19]
8 MARCH 2021

DISMISSAL: Insubordination – Whether the claimant had raised her voice at her Line Manager, whilst making disparaging, derogatory, degrading as well as threatening remarks using profanity, against him – Factors to consider – Evidence adduced – Effect of – Whether her conduct had constituted insubordinate behaviour – Claimant’s defence – Whether could be accepted – Whether the charge had successfully been proven by the bank – Effect of – Whether it had constituted serious misconduct – Whether it had justified her dismissal – Whether dismissal without just cause and excuse

DOMESTIC INQUIRY: Absence of – Whether fatal to the bank’s case – Whether there had been a breach of the rules of natural justice

EVIDENCE: Audio recording – Tape recording of conversation without claimant’s knowledge – Whether illegal – Whether could be accepted into evidence – Factors to consider – Evidence adduced – Effect of

EVIDENCE: Witness – Whether the claimant had been a credible witness – Factors to consider – Evidence adduced – Effect of – Whether she had shown remorse in Court – Effect of

ABDUL QADIR OSMAN MOHD AROS v. INSTITUT DARUL RIDZUAN BERHAD
INDUSTRIAL COURT, KUALA LUMPUR
REIHANA ABD RAZAK
AWARD NO. 450 OF 2021 [CASE NO: 6(15)(10)/4-1921/19]
15 MARCH 2021

DISMISSAL: Abandonment – Claimant tendering his resignation after receiving the suspension notice from the company – Effect of – What his actions had shown – Whether he had acted prematurely – What he should have done – Whether he had voluntarily walked out and abandoned his employment in an attempt to escape the disciplinary process

DISMISSAL: Constructive dismissal – Denial of entry into company premises – Whether the claimant had been denied entry into the company’s premises to perform his job – Evidence adduced – Evaluation of – Effect of – Whether it had justified him walking out and claiming constructive dismissal

DISMISSAL: Constructive dismissal – Salary – Non-payment of – Claimant delaying taking action – Whether he had waived the breach – Factors to consider – Evidence adduced – Effect of – Reasons for the company’s non-payment unchallenged by the claimant – Effect of – Whether it had justified him walking out of his employment and claiming constructive dismissal

DISMISSAL: Constructive dismissal – Suspension – Claimant seeking reasons for the suspension and objecting to it by way of letters – Company not responding to the claimant’s letters – Effect of – Whether the claimant had been suspended at the material time – Factors to consider – Evidence adduced – Effect of – Whether his actions had been premature – What he should have done – Whether the company’s failure to respond to his letters had constituted a fundamental breach of the contract of employment – Whether the company had been aware of the letters – Effect of – Whether the claimant’s claim for constructive dismissal ought to be allowed

DISMISSAL: Constructive dismissal – Suspension – Whether the company had committed a fundamental breach of his contract of employment by suspending him – Factors to consider – Effect of – Claimant’s conduct – What it had shown – Whether it had justified him walking out of his employment and claiming constructive dismissal

DISMISSAL: Notice of termination – Claimant suspended vide WhatsApp communication – Whether it had been an acceptable or sufficient mode of communication between the parties – Factors to consider – Evidence adduced – Effect of

PROTECT WORKERS WITH SAFE, HEALTHY WORK ENVIRONMENT
With almost 151 million cases globally, the Covid-19 pandemic has had an immeasurable impact on our world, resulting in far-reaching health, social and economic consequences, disrupting the lives and livelihoods of people all over the world. Covid-19 has disclosed many vulnerabilities. It has had an especially profound impact on the world of work with high infection rates in some settings leading to closure of manufacturing industries, construction sites and entire service industries. Migrant workers, who make significant contributions to economies and many of whom are in the front lines, have been disproportionally affected by Covid-19.

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BUS DRIVER SACKED AFTER KNOCKING CYCLIST OFF BIKE LOSES UNFAIR DISMISSAL CLAIM
Employer's decision to sack bus driver reasonable in light of 'dangerous and unacceptable' behavior
A bus driver who was fired after for [sic] hitting a cyclist was not unfairly dismissed, a tribunal has found. An Edinburgh employment tribunal ruled that the decision by Lothian Buses to dismiss Mr Sam Beech, who had worked at the company for 11 years until his dismissal on 27 September 2019, was not “too harsh”. Despite raising some concerns over the investigation of the incident by the operator, the tribunal said Lothian Buses had “a genuine belief’ that Beech had acted in a “dangerous and unsafe manner” and that, given the nature of his job, the decision to dismiss was “reasonable”. On 21 September 2019, Beech was pulling out of a bus stop when a cyclist “banged” the outside wing mirror of the vehicle, prompting Beech to sound his horn.

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