AWARD

Syed Ahmad Radzi Syed Omar:

[1] The dispute arose as a result of the alleged dismissal of Radzuan bin Drahman ("the claimant") by Syarikat Kenderaan Melayu Kelantan Berhad ("the company").

Facts Of The Case

[2] The company stated that the claimant was dismissed because he had committed a serious misconduct when he negligence caused an accident while driving the company's bus. The company was also penalised by its customer because of the delay in sending the workers of it's customer due to the accident.

[3] The claimant contended that he was unfairly dismissed because the accident occurred not due to his negligence. The accident was due to the condition of the bus. The bus was more than 20 years old and it failed to respond fast enough when the claimant tried to take a turn. The driver of the other car was also speeding at the time of accident and failed to brake in time to avoid the accident. The claimant had been working with the company for 22 years and it was his first accident.

Evidence/Submissions

Company's Case

[4] The company adduced four witnesses to prove its case. The first witness is Che Nasir bin Che Man, COW1, the company's HR officer. The witness testified that he was w