A pattern of repeated sexual harassment and insubordination constitutes just cause for dismissal within the framework of the Industrial Relations Act.

Paramalingam J Doraisamy:

Reference

[1] This is a reference made under s 20 (3) of the Industrial Relations Act 1967 (Act 177), arising out of the dismissal of Abdul Halim Bin Mohd Salleh (hereinafter referred to as "the Claimant") by Cagamas Berhad (hereinafter referred to as "the Company") on 26 October 2017.

[2] The Ministerial reference in this case required the Court to hear and determine the Claimants' complaint of dismissal by the Company on 26 October 2017.

Procedural History

[3] The Court received the letter pertaining to the Ministerial reference under s 20(3) of the Industrial Relations Act 1967 on 17 July 2018.

[4] The matter was thereafter fixed for mention on 14 August 2018, 17 October 2018, 13 December 2018, 20 December 2018, 24 January 2019 and 12 February 2019.

[5] The trial proceeded before the learned Chairman of Court No 25, ie Dato' Jalaldin Bin Hj Hussain, on 18 March 2019, 19 March 2019, 20 March 2019, 15 April 2019, 3 May 2019, 29 May 2019, 30 May 2019, 31 May 2019, 12 June 2019, 13 June 2019, 17 July 2019, 22 July 2019, 12 September 2019, 13 September 2019, 7 October 2019, 8 October 2019, 9 October 2019, 30 October 2019, 31 October 2019, 1 November 2019, 6 November 2019, 7 November 2019, 8 November 2019, 15 November 2019, 28 November 2019, 2 December 2019, 5 December 2019 and 13 December 2019.

[6] Due to the non-extension of the Task Force Courts, and in this case Court No 25, the learned President of the Industrial Court on 9 January 2020 instructed the matter to be transferred from Court No 25 to this Court, ie Court No 22, for the continuation of the hearing of this case.

[7] The trial of the matter continued before this Court on 22 January 2020, 23 January 2020, 17 August 2020 and concluded on 6 April 2021.

Parties' Position On The Merits

The Claimant

[8] The Claimant commenced employment with the Company as Assistant VicePresident, Treasury and Capital Markets in July 2006. He was confirmed in his employment on 1 December 2006.

[9] The Claimant contends that during his employment with the Company, he had an excellent record and was promoted and/or upgraded as follows:-

i. The Claimant was promoted as Vice-President, Treasury & Capital Markets in 2008;

ii. The Claimant was later upgraded as Vice President (Acting Head), Treasury & Capital Markets with remuneration of RM10,949.00 and car allowance scheme of RM3,750.00 effective 1 March 2013;

iii. The Claimant was re-designated as Vice President, Head Treasury & Capital Markets with salary adjustment of RM1,096.00 to RM12,045.00 effective 1 July 2013;

iv. The Claimant was promoted from Vice President, Head Treasury & Capital Markets (GG13) to Senior Vice President, Treasury & Capital Markets (GG14) with salary of RM25,240.00 and car allowance of RM6,400.00 on 16 January 2015; and

v. The Claimant was upgraded from Senior Vice President, Treasury & Capital Markets (GG14) to Senior Vice President, Treasury & Capital Markets (GG15) with a new salary of RM29,847.00 on 16 January 2017.

[10] The Claimant had also received recognition and/or award for his outstanding performance as The Asset Triple A Treasurer of the Year, Malaysia by The Asset publication in Hong Kong in April 2016 and he was also enrolled to personal coaching clinic by the Company as he was selected for succession planning of the Company in 2016.

[11] From the time the Claimant joined the Company in 206 until 2017, there had been no complaints or reports made against him and no notice or warning issued to the Claimant. However, all of a sudden the Company vide Show Cause Notice dated 9 May 2017 ("the Show Cause Notice") requested the Claimant to show cause and/or respond to over 71 charges brought against him wherein most of the charges related to incidents that allegedly took place between 2013 and 2016.

[12] Despite the fact that the allegations brought against the Claimant in the Show Cause Notice failed to state the specific date and time that the alleged incidents took place, nevertheless the Cla