An employer must demonstrate just cause for dismissal, proving misconduct occurred, while acts of violence at the workplace justify dismissal.

Reference

[1] This is a reference under s 20(3) of the Industrial Relations Act 1967 (the Act) by the Honourable Minister of Human Resources, emanates from the dismissal of Muhammad Fariduddin bin Zakryia ("the Claimant") by Solar Gas Sdn Bhd ("the Company") on 19 August 2020.

Preamble

[2] This case was partly heard before the Learned Chairman Tuan Teoh Chin Chong and upon the exist of the said Learned Chairman from the Industrial Court, the hearing was continued before me. With this regard, s 23(6) of the Act reads as follow:

"During the absence or inability to act from illness or any other cause by the Chairman, the Yang Di-Pertuan Agong may appoint another person to exercise the powers or perform the functions of the Chairman and, notwithstanding that the Chairman may have resumed the duties of his office, the person so appointed may continue to exercise the powers or perform the functions for the purpose of completing the hearing and determining any trade dispute or matter commenced before him."

[3] Thus, it is clear that s 23(6) of the Act allows another Chairman to continue hearing and determine a part heard case. Reference is also made to the High Court decision in Bax Global (Malaysia) Sdn Bhd v. Sukhdev Singh Pritam Singh & Anor, wherein it was held that a Learned Chairman has the jurisdiction to hand down an Award in a matter heard by another Chairman.

[4] This Court will determine the issues before it and make its findings based on the pleadings, notes of proceedings, the relevant oral and documentary evidences, the cause papers and submissions. The following documents were filed before this Court:

(i) Statement of Case dated 4 June 2021;

(ii) Statement in Reply dated 30 June 2021;

(iii) Rejoinder dated 7 July 2021;

(iv) Company's Bundle of Documents (Volume 1) - COB-1

(v) Company's Bundle of Documents (2) - COB-2;

(vi) Company's Bundle of Documents (3) - COB-3;

(vii) "Ikatan Dokumen Bagi Pihak Yang Menuntut"- CLB-1;

(viii) The Claimant's EPF Statements - CLB-2;

(ix) Witness Statement of Yunus bin Abdul Hamid - COWS-1

(x) Witness Statement of Ghazali bin Ab Ghani - COWS-2

(xi) Witness Statement of Razlina binti Ramli - COWS-3

(xii) Witness Statement of Mohd Huwaidi bin Ujang - COWS-4

(xiii) Witness Statement of Norikhwan bin Musa - COWS-5

(xiv) Witness Statement of the Claimant, Muhammad Fariduddin bin Zakryia - CLWS

(xv) The Claimant's Written Submissions dated 11 November 2022;

(xvi) The Company's Written Submission dated 31 October 2022;

(xvii) The Claimant's Reply to the Company's Written Submissions dated 30 November 2022; and

(xviii) The Company's Reply to the Claimant's Written Submissions dated 30 November 2022.

The Facts

[5] The Claimant commenced employment with the Company (previously known as KUB Gaz Sdn Bhd) on 8 July 2019 as the Operations Supervisor, Facilities Management. He was confirmed in his position with effect from 7 December 2019. Pursuant to a complaint received on 29 February 2020 from Merakah Holding Sdn Bhd (Merakah), a vendor who supplies labour/manpower to the Company regarding an incident where it was alleged that the Claimant had assaulted and threatened an employee of Merakah, the Claimant was suspended and a show cause letter was issued for him to respond to the two (2) allegations preferred against him. The Claimant furnished his explanation in relation to the two (2) allegations. A Notice of Inquiry dated 20 July 2020 was issued to him and a Domestic Inquiry was convened on 29 July 2020. Thereafter, vide letter dated 19 August 2020 the Claimant was dismissed with immediate effect.

The Company's Case

[6] The Clamant commenced his employment with the Company (previously known as "KUB Gaz Sdn Bhd") as the Operations Supervisor, Facilities Management. He was subsequently confirmed in his positi