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2022 MarsdenLR 2344
INDUSTRIAL COURT KUALA LUMPUR
RAVINDREN CHINNIAH – Appellant
Versus
THE ROYAL SELANGOR GOLF CLUB – Respondent
Award No: 618 of 2022 [Case No: 20/4-1037/19]
The court affirmed that an employee's dismissal for serious misconduct can be justified even without a formal inquiry if evidence establishes just cause.
Headnote:(A) Industrial Relations Act 1967 – Section 20 – Claimant's unjust dismissal from The Royal Selangor Golf Club due to repeated misconduct including leaving duty without permission and alcohol consumption during working hours. (Paras 1, 3, 18, 21)
(B) The court ruled that the Claimant’s dismissal was justified as the misconduct was serious, especially given his responsibilities as a Security Shift Commander. (Paras 42, 49, 51)
Facts of the case: The Claimant was employed as a Security Shift Commander and was dismissed for multiple instances of arriving late and consuming alcohol while on duty. (Paras 2, 18)
Findings of Court: The dismissal was warranted due to grave misconduct, with the Claimant having a history of disciplinary issues. (Paras 50, 68)
Issues: The existence of just cause for dismissal based on the alleged misconduct of leaving duty and alcohol consumption. (Paras 21, 60)
Ratio Decidendi: The court confirmed that the failure to hold a formal inquiry does not invalidate the dismissal if the misconduct is proven. (Paras 61, 66)
Result: Claimant's claim dismissed due to lack of merit.
AWARD
Reference
[1] This is an order of reference dated 26 June 2019 by the Honourable Minister of Human Resources, Malaysia pursuant to s 20(3) of the Industrial Relations Act 1967 ("the Act") for an award in respect of a dispute arising out of the claim of unjust dismissal by Ravindren a/l Chinniah ("the Claimant") against his employer, The Royal Selangor Golf Club ("the Club").
[2] The parties to the dispute are Ravindren a/l Chinniah ("the Claimant") and The Royal Selangor Golf Club ("the Club"). The dispute which has been referred to the Court by the Honourable Minister emanates from the alleged unjust dismissal of the Claimant with effect from 1 January 2019.
Background Facts
[3] The Claimant commenced his employment as a Security Shift Commander (Grade 2) at the Club with effect from 15 November 2016. He reported to one M Ilang Kovan a/l Manickam, the Club's then Head of Security (p 3 COB-1). The Claimant's job description listed out his responsibilities as a Security Shift Commander (pp 7 to 8 of COB 1). They include all duties which are related to the security and safety of the Club and its premises.
[4] From June to September 2017, the Club had received complaints that the Claimant frequently left the Club's premises for a few hours whilst on night duty and he returns to the club at around 5.00am. The Claimant's working hours during a night shift was from 11.00pm till 7.00am.
[5] These complaints were investigated by the Club. Pursuant to its investigation, the Club had issued a letter dated 1 October 2017 seeking the Claimant's explanation to the allegations contained in the said letter (pp 9-10, COB-1).
[6] The Claimant did not dispute the allegations made by the Club against him. Through his reply dated 8 October 2017, the Claimant gave an unreserved apology for his act of coming back late between 22 June 2017 and 7 September 2017, after taking a break during his night shift. In his reply, the Claimant acknowledged his failure to notify his superior whenever he left the club during night shifts (p 11, COB-1).
[7] Based on the Claimant's aforementioned explanation, the Club had issued letter dated 3 November 2017. In its letter, the Club warned the Claimant to be more vigilant in the discharge of his duties and stated that the Club will not hesitate to take serious action if the Claimant commits any similar or other acts of misconduct (p 12, COB-1). The Claimant accepted this warning on 22 November 2017.
[8] In October 2018, the Claimant was verbally questioned by his superior over frequent late coming and about his dishevelled appearance at the Club. The Claimant was hence asked to provide a written explanation to the Club's Human Resources Department on this infraction.
[9] The Claimant had responded in writing by a letter dated 4 October 2018. In it, the Claimant once again apologised for acts of late coming and for his untidy appearance during working hours. The Claimant further promised to carry out his functions responsibly and expressed that he was willing to be dismissed should he commit any misconduct in the future (pp 13, COB-1).
[10] Based on the Claimant's contrite letter, the Club chose to issue the Claimant with another warning and this was carried out via a letter dated 16 November 2018 (pp 14, COB-1).
[11] Soon after, it was reported to the Club that the Claimant left the Club's premises during his duty hours for 2-3 hours on 23 November 2018, 26 November 2018 and 27 November 2018 without the knowledge or the approval of his superior.
[12] In November 2018 too, the Club was informed by a waiter that he and the Claimant had consumed alcohol in the Club's premises (p 3, COB-2).
[13] The Claimant was as such interviewed by the Club's Human Resources Manager, Nagammai a/p Suppiah (COW-1) about these misconduct on 4 December 2018. During the interview, the Claimant was questioned about his disappearance during duty hours as follows:
[14] The Claimant did not deny that he left the Club premises during
