The legitimacy of dismissal requires clear, specific charges against the employee, and ambiguity or confusion in charges can render a dismissal unjust.

[1] This is a reference made under s 20(3) of the Industrial Relations Act 1967 arising out of the dismissal of Sylvia Tan Siok Eng ("the Claimant") by Malaysian Airline System Berhad ("the Company") on 10 November 2008. The reference was dated 26 January 2010 and was received by the Court on 8 April 2010.

Background

[2] The Claimant's case was heard before former Chairman YA Tuan Gabriel Gumis of another division (Court 8) from 29 September 2011 until 3 December 2012. The former Chairman was elevated to the High Court as the Judicial Commissioner on 10 April 2015. The Honourable President of the Industrial Court then directed that this case be transferred to this division (Court 12) on 25 May 2015 for the handing down the Award.

Brief Facts Of The Case

[3] This is a case whereby the Claimant was dismissed by her employer, Malaysia Airline System Berhad on 10 November 2008. The Claimant had served the Company for a period of about 29 years, first as a Flight Stewardess and subsequently as a Traffic Officer until the time of her termination.

[4] The allegations against the Claimant arose after the Company's Head of Human Resource, Ahmad Jallani Abdul Rahman received two anonymous letters on 11 March 2008 and 28 March 2008 respectively. These letters were forwarded to the Company's Security Department for further investigation. As a result of the investigations, the Company sent a letter of allegation containing seven (7) charges to the Claimant. The Claimant responded by way of an undated letter (pp 12-24 of CLBD).

[5] The Company unsatisfied with the explanation, issued a Notice of Disciplinary Inquiry dated 6 August 2008 (pp 25-29 of CLBD) with 9 charges against the Claimant.

[6] The nine (9) charges against the Claimant are as follows:-

Charge 1:-

That you as a Traffic Officer of the Company, on 15 March 2008 had absent from your workplace from 1300hrs to 2100hrs without approval.

You have therefore committed an act of misconduct inconsistent with the fulfilment of your terms and conditions of service with the Company by virtue of cl 1, para 1.1 of Appendix A and such act of misconduct attracts severe punishment.

Charge 2:-

That you as a Traffic Officer of the Company, on 15 March 2008 had travelled to Kuching on MH2803 MYY/KCH whereby you should be on duty at MYYAP check-in counter from 1300hrs to 2100hrs.

You have therefore committed an act of misconduct with the fulfilment of your terms and conditions of service with the Company by virtue of cl 7, para 7.1 and cl 15, para 15.10 of Appendix A and such act of misconduct attracts severe punishment.

Charge 3:-

That as a Traffic Officer of the Company, at Airport Operation MYYAP office had forged your attendance dated 15 March 2008 by signing the attendance sheet, whereby you were not present for duty on the said date.

You have therefore committed an act of misconduct inconsistent with the fulfilment of your terms and conditions of service with the Company by virtue of cl 8, para 8.1 and cl 15, para 15.10 of Appendix A and such act of misconduct attracts severe punishment.

Charge 4:-

That you as Traffic Officer of the Company, had changed duty with Traffic Office Zahbar Sidi staff no: 0375029 from 13 March 2008 to 15 March 2008 without approval from your superior.

You have therefore committed an act of misconduct inconsistent with the fulfilment of your terms and conditions of service with the Company by virtue of cl 1 , para 1.1 and cl 15, para 15.10 of Appendix A and such act of misconduct attracts severe punishment.

Charge 5:-

That you as Traffic Officer of the Company, on 22