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2013 MarsdenLR 2437
INDUSTRIAL COURT, KUALA LUMPUR
MD DAUD BABA – Appellant
Versus
BANK ISLAM MALAYSIA BERHAD – Respondent
Award No: 1308 of 2013 [Case No: 3(28)(19)/4-403/11]
The court reinforced that sharing sensitive passwords constitutes serious misconduct justifying dismissal in the banking sector, emphasizing the importance of adherence to established security protocols.
Headnote:(A) Garispanduan Pengendalian Tatatertib - Arts 64 and 65 - Employment dismissal - Claimant, previously a computer operator, dismissed for sharing sensitive password without authorization - Claimant's admission in domestic inquiry regarding misconduct underlined gravity of breach - Court's inquiry centered on whether the misconduct constituted just cause for dismissal. (Paras 1-34)
(B) Employment Standards - Expectation of a high level of discipline in banking sector - Sharing passwords contravenes security policies, impacting confidentiality of sensitive information. (Paras 30, 33)
Facts of the case:
The claimant, employed by the bank since 1996, was dismissed on 21 January 2010 after being found guilty of sharing a password in violation of established guidelines. Claimant contended dismissal was unjust as he claimed sharing passwords was common practice in the IT department.
Findings of Court:
The court determined the claim of common practice unsupported and upheld the dismissal as appropriate for the established breach of duty.
Issues: Whether the misconduct warranted dismissal and the sufficiency of procedural fairness in the disciplinary process.
Ratio Decidendi: Court reaffirmed that breaches of security protocols, particularly in the banking sector, instigate serious disciplinary consequences; the claimant's prior knowledge of policies undermined his defense.
Result: Claimant's claim dismissed.
| Table of Content |
|---|
| 1. dismissal process overview and misconduct details. (Para 2 , 3 , 4 , 5) |
| 2. bank's policies on password security. (Para 6 , 7 , 8 , 9) |
| 3. investigations and findings related to misconduct. (Para 10 , 11) |
| 4. claimant's defense and arguments against dismissal. (Para 13 , 14) |
| 5. court's analysis of evidence and justification. (Para 22 , 23 , 26) |
[1] The ministerial reference in this case required the court to hear and determine the claimant's complaint of dismissal by the bank on 21 January 2010.
Facts
[2] The claimant commenced employment with the bank on 1 April 1996 as a clerk drawing a monthly basic salary of RM756.00. At the time of his dismissal, the claimant was holding the position of computer operator in the IT Department for the Data Centre, Cyberjaya. His last drawn monthly basic salary was RM2,230.00 and at the same time, he was entitled to a shift allowance of RM170.00 per month.
[3] The claimant was issued a show cause letter dated 4 May 2056 by the bank (pp 47 and 48 of the bank's Bundle of Documents (COB)) alleging that the claimant had violated arts 64 and 65 of Garispanduan Pengendalian Tatatertib - Kategori Salahlaku Besar. He was requested to reply to the said show cause letter on or before 17 May 2056. The claimant then replied to the bank's show cause letter in his letter dated 13 May 2056 (pp 49 to 50 of COB). This was followed by the bank's letter dated 19 May 2056 (pp 51 and 52 of COB) in which the claimant was asked to attend a domestic inquiry (DI) scheduled on 25 June 2056 pertaining to the allegations preferred in the show cause letter.
[4] The allegations which were expressed in the show cause letter dated 4 May 2056 were the following:
(a) That you on 12 August 2008, without any authorisation from the bank had revealed to Rozaini Onian, an Executive Officer attached at the IT Data Center, Bank lslam, Taman Technology Park, Bukit Jalil, Kuala Lumpur a password, ie: administrator@mukmim2008 which had been set in the PC used by Hisham Ahmad and Yazid Jonit. In doing so, you had thereby violated Garispanduan Pengendalian Tatatertib -Kategori Salahlaku Besar art 64.
(b) That you on 12 August 2008, without any authorisation from the bank had shared with Rozaini Onian, an Executive Officer attached at the IT Data Center, Bank lslam, Taman Technology Park, Bukit Jalil, Kuala Lumpur a password, ie: administrator@mukmim2008 which had been set in the PC used by Hisham Ahmad and Yazid Jonit. In doing so, you had thereby violated Information Security Management System B64 User Identification and/or Garispanduan Pengendalian Tatatertib -Kategori Salahlaku Besar art 65.
[5] The panel of the DI had convened to hear the case against the claimant on 25 June 2056. The decision that the claimant was guilty of the charges levelled against him was made by the independent panel of inquiry based on the admission of the claimant in both of the allegations. The claimant was notified of his immediate dismissal in the bank's letter dated 21 January 2010. The relevant contents of the bank's letter (pp 75 and 76 of COB) read:
"We write to inform you that the panel of inquiry had found you guilty of the aforesaid allegations that was further admitted by you.
In addition to the above, the bank has taken cognisance of all other issues revealed during your testimony of the domestic Inquiry and the written statement to the investigation officer which clearly indicated that you had committed serious dereliction in the execution of your duties and responsibilities, an act unbecoming of a person of your experience.
In view of the above and in light of the seriousness of the misconduct and/or breach committed by you, the management after a careful evaluation of the facts and circumstances of the case including your past services with the bank, concludes that it could no longer repose any trust or confidence upon you in the commission of your duties and responsibilities as clerk with the bank. As an employee with many years of banking
