Dismissal based on unentitled claims may be justified if they breach employer trust and conduct expectations.

Introduction

[1] This appeal is against the decision of the learned High Court Judge delivered on 20 January 2020, which had dismissed the Appellant's application for a Judicial Review to quash the Industrial Court's Award No 802/2019 dated 27 February 2019.

The Salient Facts

[2] The Appellant ("University") is a private university established in 1997 and is a wholly-owned subsidiary of PETRONAS, a national oil and gas company.

[3] The Respondent ("Claimant") was employed by the University as an Executive at the Civil Engineering Department since 1 March 2007.

[4] The University was alerted by AIA, the University's Group Insurer, regarding one suspicious claim because the name printed on the receipt appears to have been altered.

[5] On the receipt, which triggered the disciplinary action against the Claimant, is stated 'Sh' and was cancelled and appeared as 'Sh'. Upon cancelling the words 'Sh', the Claimant's name appear in full as Amirul Fairuz b Ahmad.

[6] The University was alerted regarding the above-stated discrepancy on the receipt by AIA, vide its letter dated 15 September 2015, which clearly declined the Claimant's claim for a reason "Visit Details Could Not Be Validated".

[7] Thereafter, the University received another letter from AIA, dated 22 September 2015, which clearly stated that AIA found out the claim made by the Claimant was actually for a dental treatment received by the Claimant's wife, Sharifah Noorhaliza.

[8] The Senior Manager of the University's Human Resources Department, Zamri Bin Yusof, who appeared as COW-2 at the trial in the Industrial Court, commenced an investigation into the matter.

[9] Pursuant to the investigation, on 22 October 2015, the University served the Claimant with a show cause letter informing him that he had been accused of two charges for misconduct. The two charges preferred against the Claimant are as follows:

FIRST CHARGE

"That you Amirul Fairuz bin Ahmad (Staff No: 128243), as senior Executive of Institute of Technology PETRONAS Sdn Bhd (ITPSB), on 5 August 2015 had made or attempted to make a fraudulent dental claim for a sum amounting to Ringgit Malaysia Ninety Five Only (RM95.00) when you submitted the AIA Member Outpatient Claim form dated 5 August 2015, despite the fact that you did not receive such treatment and that the treatment was instead received by your spouse, Sharifah Noorhaliza bt Syed Md Kamal, on 30 May 2015 at Klinik Pergigian Mardhiah, No 91, Jalan Pengkalan Utama 1, Taman Pengkalan Utama, 31660 lpoh, Perak.

You have therefore committed an act of serious misconduct as found under General Rules, Part IV s 1 Subsection 1.3 (v): theft, fraud, misappropriation; and (vi) being dishonest or conducting oneself in such a manner as to lay oneself open to suspicion of dishonesty; of the PETRONAS/ITPSB Code of Conduct & Business Ethics (CoBE). In the event that you are found guilty of the alleged misconduct, you can be imposed with punishment as per Part IV s 2 of CoBE."

SECOND CHARGE

"That you, Amirul Fairuz bin Ahmad (Staff No: 128243), as senior Executive of Institute of Technology PETRONAS Sdn Bhd (ITPSB), had instructed the personnel at Klinik Pergigian Mardhiah, No 91, Jalan Pengkalan Utama 1, Taman Pengkalan Utama, 31650 Ipoh, Perak, to prepare the receipt (Receipt No: 001206) under your name, for a dental appointment received by your spouse Sharifah Noorhaliza bt Syed Md Kamal on 30 May 2015 to enable you to claim for such treatment from the company as provided for in the UTP Policy and Guidelines under s 3, Compensation & Benefit, Subsection 3.2.2, part D.

You have therefore committed a serious