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2003 MarsdenLR 1463
INDUSTRIAL COURT, KUALA LUMPUR
TYCO ENGINEERING & CONSTRUCTION (MALAYSIA) SDN BHD – Appellant
Versus
GUNASILAN RENGASAMY – Respondent
Award No. 1001 Of 2003 [Case No: 6/4-882/99]
AWARD
The dispute emanates over the dismissal of the claimant from the services of the company vide a letter dated 6 September 1998 (exh. CL13).
The Facts
The claimant was employed by the company as a human resource executive on 3 March 1997 vide a letter dated 3 February 1997 (exh. CL1) and he reported to the human resource manager, Mohd Najib Mohd Ali (COW6). Subsequently he was confirmed in his position and his salary revised to RM3,200 per month from a monthly of RM3,100 with effect from 3 June 1997 vide letter of 12 June 1997 (exh. CL2). Vide a letter of 19 July 1997 his salary was again revised to a monthly RM3,250 (exh. CL3).
The claimant was issued a show cause letter dated 22 September 1997 (exh. CL4) wherein the company levelled five allegations against him. The claimant was put on suspension with full pay with effect from 23 September 1997 until 7 October 1997. The claimant gave his reply to these allegations denying any wrongdoings by a letter of 26 September 1997 (exh. CL5). The company again vide a letter of 23 September 1997 (exh. CL6) levelled a further two allegations against the claimant to which the latter gave his reply (exh. CL7).
Subsequently by a letter of 29 September 1997 (exh. CL8) the company preferred seven charges against the claimant and instructed him to attend a domestic inquiry on 6 October 1997
The seven charges read as follows:
(1) By Internal Memorandum dated 2 July 1997 ref No. Memo/HR/110 (copy attached) you were instructed as follows:
Please be advised that with immediate effect, all HR letters, memos, faxes or any other form of written correspondence to senior management, managers and outside organizations must be reviewed and signed by me as the HR Manager unless I instructed otherwise.
However in defiance of the above instructions, you had issued under correspondences to senior management on your own accord. The said correspondences are as follows:
Date Subject Matter
(a) 12/8/97 Employee Benefits Insurance Proposals &
Recommendations
(b) 29/8/97 Talks on Project Related Insurance
(c) 2/9/97 Termination of Security Services
(2) In the internal memorandum dated 2 July 1997 ref No: Memo/HR/110 (copy attached) you were instructed as follows:
Similarly to Requisition For Employee Form, it must be vetted by me before we advertise and to call candidates for interview. For interview Rating Report, it must be signed by me first before we proceed for management's approval.
However, you proceeded to conduct interview and obtain management approval on the Interview Rating Report before being vetted and signed by HR Manager. The details are as follows:
Date of Interview Position Dated of Approval
By Management
27/8/97 Electrician 2/9/97
27/8/97 Electrician 2/9/97
27/8/97 Electrician 2/9/97
(3) In the Internal Memorandum dated 2 July 1997 ref No. Memo/HR/110 (copy attached) you were instructed as follows:
Guna, as HR Executive you can conduct interview for non-management positions only together with the end user. For the management positions, I will conduct the interview myself. Please check with Noora before you fix-up the interview date.
However, you had denied the said instructions by conducting interviews for management position as follows without the knowledge and approval of HR Manager.
Date of Interview Position
21/8/97 Application Engineer
26/8/97 Accounts Executive
(4) In the same letter from Falcon Security Services Sdn Bhd dated 19 September 1997 (copy attached) that some time on 3rd week of June 1997 you are alleged to have received RM250 in cash as monthly commission for appointing Falcon Security to provide security services to our company.
(5) In the same letter dated 19 September 1997, you are alleged that on 7 August 1997 at about 3pm you demanded a sum of RM1,200 from Ganesan Ramiah of Falcon Security as your commission for the month of June amounting to RM400 and RM800 for July and August 1997 to be paid in advance. You needed the advance to meet your financial difficulties for that month after you have pur
