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2025 MarsdenLR 358
INDUSTRIAL COURT PENANG
MUHD IRFAN SANI RASHID – Appellant
Versus
MALAYSIA AIRPORTS SDN BHD (LTAB LANGKAWI) – Respondent
Award No: 188 Of 2025 [Case No: 9/4-1356/22]
An employer must substantiate claims of misconduct to justify dismissal; failure to do so results in a finding of unjust termination.
Headnote:(A) Industrial Relations Act 1967 - Section 20(3) - Occupational Safety and Health Act 1994 - Sections 15, 16, and 26 - Dismissal of employee for alleged breach of COVID-19 vaccination policy - Claimant dismissed for insubordination regarding testing requirements - The employer must prove just cause for dismissal - The court found the dismissal was without just cause. (Paras 12, 14, 16, 60)
(B) Burden of Proof - The employer bears the burden of proof to establish that the dismissal was justified and based on proven misconduct. (Paras 14, 60)
(C) Standard of Proof - The standard of proof in dismissal cases is on the balance of probabilities, not beyond a reasonable doubt. (Paras 15, 60)
(D) Remedies - The court awarded compensation in lieu of reinstatement, considering the Claimant's current employment and the nature of the misconduct. (Paras 61, 70)
Facts of the case:
The Claimant was employed by the Company for over 8 years and was dismissed for not complying with the COVID-19 vaccination policy, which required regular testing at his own expense. The Claimant argued the dismissal was unjustified and discriminatory.
Findings of Court:
The court found that the Company did not prove insubordination and that the dismissal was without just cause, awarding the Claimant RM100,743.00.
Issues: Whether the Company's allegations of misconduct were established and whether they constituted just cause for dismissal.
Ratio Decidendi: The court held that the Claimant's non-compliance did not amount to insubordination, and the dismissal lacked justification.
Result: The Claimant was awarded RM100,743.00.
AWARD
[1] This is a reference dated 12 September 2022 by the Director General of Industrial Relations Malaysia to the Industrial Court of Malaysia under s 20(3) of the Industrial Relations Act 1967 (hereinafter referred to as "the IRA "). This reference is in respect of the dismissal of Muhd Irfan Sani Bin Rashid (hereinafter referred to as "the Claimant") by his employer, Malaysia Airports Sdn Bhd (LTAB Langkawi) (from now on referred to as "the Company") effective 14 December 2021.
[2] This Court has considered the following cause papers and documents in handing down this Award, namely:
(a) the Claimant's Statement of Case dated 22 November 2022;
(b) the Company's Statement in Reply dated 5 January 2023;
(c) the Claimant's witness statement (Muhd Irfan Sani Bin Rashid) is marked as "CLWS-1";
(d) the Company's witness statement (Mazlan Bin Fauzi) is marked as "COWS-1";
(e) the Company's witness statement (Husna Shafini Binti Abdul Latif) is marked as "COWS-2";
(f) the Claimant's Bundle of Documents marked as "CLB-1";
(g) the Claimant's Additional Bundle of Documents marked as "CLB-2";
(h) the Company's Bundle of Documents marked as "COB-1";
(i) the Company's Additional Bundle of Documents marked as "COB-2";
(j) the Company's Additional Bundle of Documents marked as "COB-3";
(k) the Company's Additional Bundle of Documents marked as "COB-4";
(l) the Company's Additional Bundle of Documents marked as "COB-5";
(m) the Company's Additional Bundle of Documents marked as "COB-6";
(n) the Company's Additional Bundle of Documents marked as "COB-7";
A. Brief Facts Of The Case
[3] By way of a letter of appointment dated 9 December 2013, the Claimant was offered employment with MAHB as an Executive, Engineer. The Claimant was based in another subsidiary of MAHB, Malaysia Airports (Sepang) Sdn Bhd ("MA Sepang"). The Claimant commenced employment on 3 February 2014 (CLB-1 pp 1-4).
[4] The Claimant was then confirmed in employment with MAHB (based in MA Sepang) with effect from 3 August 2014 via a letter dated 3 September 2014. (COB-1 p 7).
[5] By way of a letter dated 27 July 2016, the Claimant was then transferred to MA Sepang with effect from 1 August 2016. (CLB-1 p 5).
[6] Via a letter dated 31 July 2018, the Claimant was transferred from MA Sepang to the Company, in the Engineering Division, at the Langkawi International Airport with effect from 15 September 2018. (CLB-1 p 6).
[7] By way of a letter dated 10 April 2019, the Claimant was assigned as the Acting Senior Executive, Engineering based at the Langkawi International Airport. The Claimant was then promoted to Senior Executive, Engineering with effect from 15 June 2019 via a letter dated 17 June 2019. (CLB-1 p12).
[8] On 13 December 2021, the Company dismissed the Claimant with effect from 14 December 2021.
[9] The Claimant's last drawn monthly salary was RM5,037.15.
B. The Claimant's Case
[10] In his Statement of Case, the Claimant avers that:
(a) On 13 December 2021, the Company dismissed the Claimant with effect from 14 December 2021 on the alleged breach of the Company's Covid-19 Vaccination policy;
(b) The dismissal was contrary to the collective agreement, natural justice, and laws;
(c) The Company acted discriminatorily, arbitrarily and unreasonably by enforcing the Company's COVID-19 vaccination policy without validation and also by refusing to bear the expenses;
(d) The Claimant has five small children and his wife is a housewife. He also must look after his elderly mother and settle other financial liabilities;
(e) The balance net pay is not sufficient to pay for the twice-weekly COVID-19 tests;
(f) The Company is aware of the financial circumstances of the Claimant but chooses to impose the costs of the COVID-19 tests on the Claimant causing him to default;
(g) The conduct of the Company in shifting the expenses of the COVID-19 tests caused extreme hardship to the Claimant;
(h) Apart from the dispute on the payment of COVID-19 tests, the Claimant enjoyed a cordial relationship with
