FEDERAL COURT PUTRAJAYA
AKIRA SALES & SERVICES (M) SDN BHD – Appellant
Versus
NADIAH ZEE ABDULLAH & ANOTHER APPEAL – Respondent
| Table of Content |
|---|
| 1. employment dismissal requires just cause. (Para 1 , 2 , 3) |
| 2. misconduct is defined by company standards, not criminal law. (Para 4) |
[1] These appeals arose from two Industrial Court awards (awards) which held that the dismissal of the respondents by TT Electrical Electronics Corporation (M) Sdn Bhd (company) on 21 March 2000 was without just cause or excuse.
[2] The respondents, who were Directors/minority shareholders as well employees of the company, were responsible for the day-to-day management of the company. On 13 March 2000, the company issued the following show cause letters to the respondents:
"Date: 13 March 2000 Puan Nadiah Zee Binti Abdullah
Dear Madam
Re: Employment as Chief Executive Officer
1. You are alleged to have misconducted yourself as follows:
1.1 Opening of Bank Account Without Authorisation
You are reported:
(i) To have without the authority of the Board of Directors and in collaboration with the Executive Officer of the company, Yong Peng Kean, caused to be opened on 25 October 1999 a current account in the name of the company with Perwira Affin Bank at No 2, Jalan Hujung Permatang 2 (26/25B), Section 26, 40000 Shah Alam, Selangor Darul Ehsan bear
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