Mandatory training requirements in employment cannot be ignored, and insubordination can justify immediate dismissal.

Quay Chew Soon JC:

Introduction

[1] This is a judicial review application for an order of certiorari to quash Award No 287 of 2020 of the Industrial Court ("Award"). I allowed the judicial review application. Here are my grounds.

Background Facts

[2]Vide a Letter of Appointment dated 1 August 2010 and Letter of Offer of Employment dated 1 December 2010, the respondent was appointed as Group Leader (Service Department) effective 1 December 2010 with a monthly salary of RM7,300. Inter alia, the respondent's Letter of Appointment expressly provided that:

"7) Training - Employees are required to accept training when so requested ...".

[3]Vide a Notice of Transfer dated 19 July 2017, the respondent was transferred to his last-held position of Assembly Group Leader End Test with effect from 1 August 2017. He was further informed that he would be reporting to one Koh Yong Heng, referred to as "COW3" during the proceedings before the Industrial Court ("COW3").

[4] Following the respondent's transfer to the position of Assembly Group Leader End Test, he was required to undergo technical endtest training which consisted of two phases, namely Phase 1 and Phase 2. The respondent completed Phase 1 of the technical endtest training between 1 August 2017 and 18 August 2017.

[5] With regard to Phase 2 of the technical endtest training, COW3 and the applicant's Managing Director, one Sekar Ramasamy, referred to as "COW4" during the proceedings before the Industrial Court ("COW4"), followed-up with the respondent on numerous occasions in August 2017. Vide an email dated 11 August 2017, COW3 directed the respondent to attend endtest training with two other employees, namely one Nor Haqimi Mohamed and one Darren Wong, from 22 August 2017 to 11 September 2017.

[6] As of October 2017, the respondent had yet to complete his technical endtest training. As a result, vide an email dated 9 October 2017, COW3 informed the respondent that he would need to do the training stage by stage. The respondent was further directed to plan out with his endtester for the training, and to update COW3 by the end of the day. Vide a reply email dated 12 October 2017, the respondent informed COW3 that he could not proceed with the endtest training, and asserted inter alia that he did not have time for the training and that he had, "already drop all [his] skills about machines as doing all arrangement task". Vide a response also dated 12 October 2017, COW3 stressed that the main purpose of the training was for the respondent to familiarise himself with the endtest activities. COW3 further reiterated that the respondent should plan out his training stage by stage.

[7]Vide an email dated 13 October 2017, COW4 thereafter further highlighted to the respondent that, "[t]he only way is to have experience is working on the machine so in this case training is simply a must" and stated that the respondent should arrange and plan his training wisely. However, as a result of the respondent's failure to revert with his training schedule after more than 10 days, COW4 followed-up with an email dated 24 October 2017, enquiring inter alia, whether his earlier email was being ignored. The respondent then replied vide an email dated 24 October 2017 requesting until 27 October 2017 to check and revert.

[8] As a result of the respondent's failure to provide the applicant with a training schedule, COW4 again wrote to the respondent on 31 October 2017 reiterating his expectation that the respondent provide a training schedule. The respondent replied vide an email dated 1 November 2017, alleging that he was too busy and ending with:

"I already explained to you via email my shortcoming as below and you keep pushing me. If that is the case, issue me a warning letter."

[9]Vide a reply email dated 2 November 2017, COW4 highlighted that other Group Leaders had completed the training without issue, and further requested that the respondent proactively raise any difficulties with him and COW3. As the respo