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2017 MarsdenLR 1691

INDUSTRIAL COURT KUALA LUMPUR
AHMAD NAZRI MUSTAFA – Appellant
Versus
BOUSTEAD PETROLEUM MARKETING SDN BHD – Respondent


Table of Content
1. introduction of case and parties involved. (Para 1 , 3)
2. the claimant failed to respond adequately to charges against him. (Para 5 , 6 , 9 , 10)
3. interactions and responses leading up to the dismissal. (Para 14 , 16)
4. legal standards concerning just cause for dismissal. (Para 20 , 22 , 30)
5. the dismissal was justified based on the insubordination and breach of trust. (Para 66)
6. conclusion of the court supporting the dismissal. (Para 75 , 76)

[2] This reference was transferred from Court 24 to Court 12 for the handing down of the Award as the former Chairman of Court 24 had retired on 18 April 2015. The Chairman of Court 12 was directed by the Honourable President of the Industrial Court on 1 June 2015 to hand down this Award in the interests of justice. At the same time both parties to this matter agreed that this Award be handed down by another Chairman of the Industrial Court.

Brief Facts Of The Case

[3] The Claimant commenced employment with the Company on 5 July 1982 (initially the Company was known as BP Malaysia Sdn Bhd) as an Industrial Worker with the monthly salary of RM270.00.

[4] The Claimant is last held position in the Company was as a Mailing Clerk

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