Rajeswari Karupiah:

Reference

[1] This is an order of reference dated 7 May 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 Tan Cheng Leng ("the Claimant") against his employer, Newaction Marketing Sdn Bhd ("the Company) on 24 January 2019.

[2] The Claimant was employed as an Accounts Manager by the Company with effect from 20 August 2018.?

[3] The Claimant was dismissed from the Company by a letter dated 22 January 2019, in which, the Company had found the Claimant guilty of committing the following misconduct:

1) Contribute EPF of RM591.00 to a person who is not an employee of Wah Kor Coffee Corner Sdn Bhd (TAN SWEE LING, NRIC No 941203-10-5836) for the month of November 2018 and December 2018; and

2) Recorded wrong information by intention to mislead management on payment of Wah Kor Coffee Sdn Bhd to supplier (Chop Chang Jiang Trading Sdn Bhd.)

a) Invoices from Chop Chang Jiang Trading Sdn Bhd was recorded by the Claimant with higher amount by RM591.00 by intention (Inv: 115123, Inv: 119272, Inv: 119418, Inv: 12036