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2010 MarsdenLR 3398

INDUSTRIAL COURT KUALA LUMPUR
MATSUSHITA ELECTRIC CO (MALAYSIA) SDN BHD – Appellant
Versus
K MANMATHAN – Respondent


AWARD

Ahmad Rosli Mohd Sham:

[1] The claimant commenced his employment with the company as a production staff on 26 June 1991. He was dismissed from the company on 18 February 2003. The claimant prior to dismissal, held the position as a supervisor at the Rice Cooker Department and his last drawn salary was RM2,700.

[2] The events leading to his dismissal are as follows.

[3] The company on 20 November 2002 had distributed to all employees vouchers in conjunction with the "MELCOM 35th Anniversary" wherein each voucher was valued at RM300. The voucher entitled the holder to purchase or redeem any electrical goods from the company.

[4] On 24 December 2002, Mr Ramanathan the Head of the Company's Electric Iron Department had issued a memorandum to COW1, the Company's Human Resource Manager regarding the loss of a voucher belonging to Cik Salmah binti Selamat (employee number 04085) from the desk drawer of COW2 the administrative clerk which was broken open forcefully by someone. The said voucher No is 0093101. COW2 realized that her drawer was broken on 11 December 2002, after coming back from the Hari Raya holidays but only realized the voucher was stolen on 20 December 2002, when Cik Salm

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