AWARD

Azman Ahmad:

A. Reference

[1] This is a reference from The Honourable Minister of Human Resources, Malaysia to the Industrial Court of Malaysia under s 20(3) of the Industrial Relations Act 1967 in respect of the dismissal of Christopher Anthony A/L Ramasamy ("the Claimant") by his employer, Tesco (M) Sdn Bhd ("the Company") on 6 September 2019.

B. Background Facts

[2] The Claimant commenced employment with the Company on 2 January 2002. He was later confirmed on 2 April 2002.

[3] The Claimant held various positions in the Company. In 2018 he was appointed as Head of Mall Operations. He held this designation till his date of dismissal on 6 September 2019.

[4] On 8 July 2019 the Company received an email from a former employee, Azrul Fahmi bin Muhammad Ali ("Azrul"). Azrul was the Company's former Mall Operations Manager in Kulai, Johor. He claimed he was forced to resign by the Claimant on account of a series of alleged misconducts.

[5] The Company investigated the matter and discovered that:

(a) On 17 June 2019, while Azrul was on medical leave, the Claimant and 5 other Mall Operations Staff visited Azrul's office. The Claimant and the Operations Staff had searched Azrul's office.

(