Award

1 The Claimant joined the Company as a Grade III Clerk on or about the 5 of January 1956. Thereafter he received promotion and with effect from 15 October 1976 he was promoted as a Grade I Clerk. The Claimant's basic salary at the time of dismissal was $1,170.00 per month,and his cost of living allowance was $40.00 per month, totalling an all-in salary of $1,210,00 per month

2 It was contended by the Company that after a due Inquiry being held on the 23of December 1985, and having found that the Claimant had committed serious acts and omissions in the performance of his duties vide "NUCW-2" attached to the Statement of Case, the Company dismissed the Claimant

3 The dismissal letter - (NUCW-1), attached to the Statement of Case, although states that the Claimant was found guilty on the charges levelled against him at the Inquiry, in actual, fact he was found guilty on five of the six Charges levelled against him

4 On the other hand, it was contended by the Union that the Claimant having denied the said Charges had put the Company to strict proof of the allegations made against him

5 The Charges as set out in "NUCW-2" of the Statement of Case are as follows:-

Charge 1: That you failed to submit the SOCSO Returns (Borang 8A/B) as and when due in respect of our employees in the following Branches of the Company:-

Branch Period Involved

a) Kuantan Since May 1984

b) Kota Bharu Since May 1983

c) Johore Bharu Since May 1983

d) Penang Since September 1982

e) Malacca Since November 1978

f) Ipoh Since November 1979

By reasons of your said acts and/or omissions on your part in the performance of your duties and responsibilities, you have exposed the Company for prosecution

Charge 2: That you failed to pay staff salaries in respect of outstation Branches for the month of November 1985 by cheque in the normal way on time and caused undue delay by postponing to 2 December instead of 26 November 1985, whereby you exposed the Company to embarrassment and adverse criticism

Change 3: That you failed to exercise due care and attention in the payment of overtime pay to Mr Nicholas s/o Anthony Samy, though you prepared the source documents, resulting in excess payments from July to November 1985 and loss to the Company

Charge 4: That you as a clerk in charge of payroll have paid out to yourself overtime pay in excess of what was due to you in the month of November 1985 when you knew or ought to have known that the payment you received was much in excess

Charge 5: That you failed to submit to the Income Tax Department for our employees' tax deductions for October and November 1985 on time and unduly delayed them whereby you exposed the Company to penalty and embarrassment

Charge 6: That you failed to remit to National Union of Commercial Workers members subscriptions deducted from their monthly salary during October and November 1985 on time in breach of the standing instructions and accepted past practice causing embrassment to the Company

6 The Claimant was not found guilty by the Panel at the Inquiry on Charge 3

7 We shall now deal with Charge 1 that the Claimant had failed to submit the SOCSO Returns (Borang 8A/B) as and when due in respect of the employees in the Branches set out in the Charge

8 It is necessary to refer to the job specifications of the Claimant - (Co-1), which is dated January 1980

9 His duties and responsibilities are detailed out further and with regard to SOCSO Returns his duties are limited only to the preparation of half-yearly Returns except for EPF. It is very clear from his job specification that he was not required to prepare and submit half-yea