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2013 MarsdenLR 401

INDUSTRIAL COURT, KUALA LUMPUR
MD DAUD BABA – Appellant
Versus
BANK ISLAM MALAYSIA BERHAD – Respondent


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 t

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