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2014 MarsdenLR 624

INDUSTRIAL COURT KUALA LUMPUR
AMRAN AMBODAI – Appellant
Versus
TELEKOM MALAYSIA BERHAD – Respondent


Table of Content
1. factual background of the claimant's employment and suspension (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10)
2. evaluation of evidence and analysis of misconduct (Para 16 , 17 , 18 , 19)
3. submissions of the company and the claimant (Para 20)

[3] On 18 April 2010 the claimant received an e-mail from the e-mail address of nutemalaysia@gmail.com. (NM e-mail) via his e-mail account provided by the company. The e-mail as at pp 316-318 of CLB2 and is produced as at pp 13-15 of this Award.

[4] On 19 April 2010, the claimant forwarded the NM e-mail to other employees of the company including the SUTE exco. He forwarded the NM e-mail together with his own e-mail (the claimant's e-mail, ie p 316 of CLB2) [p 13 of this Award].

[5] By letter dated 22 April 2010 (p 35 of COB1) the company suspended the claimant from work for 14 days with half pay on the ground that he has allegedly committed a major misconduct. By another letter dated 5 May 2010 (p 52 of COB1) the company extended the suspension with full pay until the investigation is completed.

[6] The company issued a show cause letter dated 26 April 2010 (pp 41-44 of COB1) to the claimant to show cause as to why disciplinary Act io

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