AWARD

Mohd Taufik Mohd @ Mohd Yusoff:

Reference

[1] This is an order of reference dated 11 October 2022 by Director General of Industrial Relations Department pursuant tosubsection 20(3) of the Industrial Relations Act 1967 arising out of the alleged dismissal of Mohd Rauf Bin Abd Rahman (the Claimant) by LL Malaysia Taman Tema Sdn Bhd (the Respondent) on 5 January 2022.

Roles And Functions Of The Court

[2] It is a trite law that the role of this Court is two-fold. Firstly, to determine whether the misconduct complained of by the employer has been established, and secondly whether the proven misconduct constitutes just cause or excuse for the dismissal (see Wong Chee Hong v. Cathay Organisation Malaysia Sdn Bhd ; 1987 MarsdenLR 100 ; [1988] 1 MLJ 92; [1988] 1 CLJ (Rep) 298; Milan Auto Sdn Bhd v. Wong Seh Yen; [1995] 3 MLJ 537; [1995] 4 CLJ 449; [1996] 1 AMR 049; K A Sanduran Nehru Ratnam v. I-Berhad; [2006] 1 MELR 114; [2006] 2 MLRA 467; [2006] 2 MLRA 778; [2007] 2 MLJ 430; [2007] 1 ILR 257; [2007] 1 CLJ 347).

[3] The burden of proof lies with the employer in proving that he has just cause or excuse for making the decision and not for the employee to prove otherwise (see Ireka C