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2025 MarsdenLR 1072
INDUSTRIAL COURT KUALA LUMPUR
MUHAMAD SOFIAN ABD AZIZ – Appellant
Versus
ELEKTRISOLA MALAYSIA SDN BHD – Respondent
Award No: 753 Of 2025 [Case No: 12(5)/4-1191/21]
The dismissal of an employee for misconduct is justified if the misconduct is proven and constitutes just cause, emphasizing the employer's burden of proof and the necessity for workplace harmony.
Headnote:(A) Industrial Relations Act 1967 - Section 20(3) - Dismissal of employee for misconduct - Court found that the Claimant's behavior in a WhatsApp group undermined his superior's authority and caused discontent among employees, constituting major misconduct - The Claimant was dismissed after a Domestic Inquiry which found him guilty of the charges against him. (Paras 25, 62, 74)
(B) Misconduct in Employment - The Court emphasized that the employer bears the burden of proof in establishing misconduct and that the standard of proof is on a balance of probabilities. The Claimant's actions were deemed insubordinate and disrespectful, justifying dismissal. (Paras 27, 72)
Facts of the case:
The Claimant was employed as a Senior Production Assistant at the Company and was dismissed on 28 September 2020 for allegedly sending inappropriate messages in a work-related WhatsApp group, which were deemed sarcastic and undermining to his superior. (Paras 5, 20)
Findings of Court:
The Court concluded that the Claimant's misconduct was established and constituted just cause for dismissal, affirming the Company's decision post-Domestic Inquiry. (Paras 62, 74)
Issues: The main issues included whether the Claimant's misconduct was established and if such misconduct constituted just cause for dismissal. (Paras 29)
Ratio Decidendi: The Court ruled that the Claimant's use of derogatory language and public challenges to his superior's authority were serious violations of the Company's Code of Conduct, warranting dismissal. (Paras 72)
Result: Claimant's case dismissed.
Reference
[1] This is a reference from the Minister of Human Resources Malaysia pursuant to s 20(3) of the Industrial Relations Act 1967 ("the Act") in respect of the dismissal of MUHAMAD SOFIAN BIN ABD AZIZ ("the Claimant") by ELEKTRISOLA MALAYSIA SDN BHD ("the Company") on 28 September 2020.
[2] This Court had considered all the notes of proceedings, documents, cause papers, submissions and bundles of authorities in handing down this Award namely:
(i) The Claimant's Statement of Case dated 6 September 2021 ("SOC");
(ii) The Company's Statement in Reply dated 23 December 2021 ("SIR");
(iii) The Claimant's Rejoinder dated 23 August 2022 ("Rejoinder")
(iv) The Claimant's Bundle of Documents ("CLB-1");
(v) The Company's Bundle of Documents ("COB-1");
(vi) The Company's Supplementary Bundle of Documents ("COB-2");
(vii) The Company's 2nd Supplementary Bundle of Documents ("COB-3");
(viii) The Company's 3rd Supplementary Bundle of Documents ("COB-4");
(ix) The Company's Memo dated 14 April 2020 ("COB-5");
(x) Claimant's Witness Statement (Muhamad Sofian Bin Abd Aziz) dated 11 October 2024 ("CLWS-1");
(xi) Company's Witness Statement (Wong Chit Chan) dated 5 September 2024 ("COWS-1");
(xii) Company's Witness Statement (Mohd Muhaidzir Bin Mohd Zain) dated 1 October 2024 ("COWS-2");
(xiii) Company's Witness Statement (Saiful Adli Bin Mat Jusoh @ Mohd Yusuf) dated 1 October 2024 ("COWS-3");
(xiv) Company's Witness Statement (Dr Zoharah Binti Omar) dated 11 October 2024 ("COWS-4");
(xv) The Claimant's Written Submission dated 15 January 2025 ("Claimant's Submission") and Bundle of Authorities ("CL BOA");
(xvi) The Claimant's Written Submission in Reply dated 4 February 2025 ("Claimant's Reply");
(xvii) The Company's Written Submission dated 9 January 2025 ("Company's Submission") and Bundle of Authorities ("CO BOA"); and
(xviii) The Company's Submissions in Reply dated 5 February 2025 ("Company's Reply") and Supplementary Bundle of Authorities ("CO BOA-2").
[3] The Company in this case was first represented by Messrs. Vilasini Menon. The said legal firm had filed all relevant cause paper and Bundles of Documents on behalf of the Company. Subsequently, Messrs. Arun Kumar & Associates took over from Messrs. Vilasini Menon and proceeded and concluded the hearing before handing over this case to Messrs. Sara Anthony & Associates for filing of the Company's Written Submission and Reply.
Brief Facts
[4] The Company is a manufacturing company located in Janda Baik, Pahang. It produces high quality fine and ultra-fine enameled copper wires and its products are supplied to a wide range of industries for the production of automobiles, industrial electronics, handphones, watches, consumer electronics and medical devices.
[5] The Claimant joined the Company on 20 November 2006 as a Production Assistant v. Gred T18. As at 28 September 2020, he was the Senior Production Assistant in the Die Polishing Department ("DP Department"). He continued his employment with the Company until his dismissal without notice effective from 28 September 2020 on ground of misconduct.
[6] The Claimant held the position as Supervisor DR (Grade F2) in the Die Polishing Department ("DP Department") with a last drawn monthly basic salary of RM1,880.92 at the time of his dismissal.
The Company's Case
[7] The Company pleaded in its SIR, inter alia, as follows:
(a) prior to the Claimant joining the Company, the Claimant was issued with the "Kod Kelakuan" during the Orientation Program conducted for new employees and he had received and signed the "Kod Kelakuan" on 6 November 2006; the Claimant was assigned to the Die Polishing Department and he reported directly to his Supervisor/Facilitator, Zain Khairi bin Abdullah ["Zain Khairi"] and also indirectly to the Die Polishing Manager [External Supply Division], Mohd Muhaidzir bin Mohd Zain ["COW- 2"], prior to his dismissal;
(c) The Company's factory was shut down from 18 March 2020 to 31 March 2020 as a result of the Movement Control Ord
