Dismissal must be with just cause; proportionality in disciplinary measures is essential, and minor misconduct may not justify termination.

A. Reference

[1] This is a reference by the Honourable Minister of Human Resources under s 20(3) of the Industrial Relations Act 1967 ("the IRA 1967") arising out of the dismissal of Chin Yung Chiew @ Rebecca (hereinafter referred to as "the Claimant") by F & N Beverages Markerting Sdn Bhd (herein referred to as "the Company").

B. Preface

[2] This Ministerial reference required this Court to hear and determine the Claimant's complaint of dismissal on 10 February 2020 by the Company.

[3] The Claimant joined the services of Fraser & Neave (Malaya) Sdn Bhd and was then laterally transferred to the Company with effect from 1 February 2019.

[4] Based on a 1st Show Cause letter dated 1 November 2019, the Company had sought the Claimant's explanation of the alleged misconducts on 6 allegations as follows:

1. On the 8 October 2019, you have circulated confidential information of the Company (D & D List) to non-relevant employees and external parties during a meeting on 8 October 2019 without prior consent of the Company.

2. On the 8 October 2019, you have violated the Code of Business Ethics & Conduct of the Company by not protecting confidential information (D & D Charges) from non-relevant employees and external parties.

3. On the 8 October 2019, you have criticised and refused to cooperate with the Union (SCEU) and Management to discuss and review the scoring for the employees' KPIs during a meeting on 8 October 2019.

4. On the 8 October 2019 you have without due respect rudely questioned the Management and Union's authority in determining the KPIs and its weightages when it was mutually agreed between the said two parties.

5. On your letter dated 8 October 2019, you have threatened the Company of a legal action if the Company does not pay you the demand made in your letter dated 8 October 2019. (Note: During the 1st Domestic Inquiry, this 5th charge was dropped by the Company)

6. In your email dated 10 October 2019, you have used the words which were intimidating, and you have insulted your colleague, Mr Arnold Benedict Linjungan by writing - "Hence, I now suggest your KPI as "BELOW A VERAGE".

[5] On 23 December 2019, a 2nd Show Cause and Suspension Letter was issued to the Claimant in respect of 3 allegations of misconduct as follows:

1. That you, on 1 November 2019 at approximately 11:00 am, were found to be in possession of documents from the Credit Management Department ("the said Documents") without the authorization of the Company when your vehicle (SAB 1323 E) was stopped and searched at the guardhouse of F & N Beverages Marketing Sdn Bhd In Kota Kinabalu. A list of the said Documents is annexed herewith in Appendix A.

2. That you, on 1 November 2019 at approximately 11:00 am, had attempted to remove the said Documents from the Company's premises at F & N Beverages Marketing Sdn Bhd in Kota Kinabalu without the authorization from the Company when your vehicle (SAB 1323 E) was stopped and searched at the guardhouse of F & N Beverages Marketing Sdn Bhd In Kota Kinabalu. A list of the said Documents is annexed