AWARD

This was a reference by the Honourable Minister of Human Resources pursuant to section 20(3), Industrial Relations Act 1967 arising out of the dismissal of Manjula Bai d/o Subramaniam (hereinafter referred to as "the claimant") by Motorola Malaysia Sdn Bhd (hereinafter referred to as "the company") on 18 February 2003.

The matter was fixed for hearing on 3 October 2007. Mr Peter Kandiah of the Malaysian Trade Union Congress appeared before the court and discharged himself as the representative of the claimant. He informed the court that he had informed the claimant of the hearing date. Since the claimant was not present, the hearing proceeded ex-parte . Two witnesses testified on behalf of the company.

The claimant was employed as a Production Operator by the company on 20 April 1979. The claimant had a poor attendance record for the period commencing 22 July 2002 until 30 November 2002 whereby she went on medical leave for several days vide CO-2, Bundle A, pages 1 and 2. The company instructed the claimant by a letter dated 19 November 2002 to obtain treatment from one specified clinic which was near her house and from a specified Consultant Orthopaedic Surgeon at a specified hospital in order to ensure that she obtained proper medical treatment vide CO-3, Bundle A, pages 10 and 11. Despite the instructions, she obtained medical treatment from five other clinics from 2 December 2002 until 21 December 2002. The claimant tendered medical certificates from those five clinics vide CO-4, Bundle A, pages 21 to 24.

The company issued a show cause letter to the claimant dated 23 December 2002 for failing to comply with the instructions of the company vide CO-5, Bundle A, pages 13 and 14. The claimant replied to the show cause letter on 26 December 2002 vide CO-6, Bundle A, pages 15 and 16. CO-6 read:

"Date : 26th. December 2002

Manjula Bai d/o Subramaniam (Badge: 10850)

No:24, Lorong Dato Abd Hamid 6B,

Taman Sentosa, 41200 Klang,

Selangor Darul Ehsan.

Motorola Malaysia Sdn Bhd,

No:2, Jalan SS 8/2,

Free Industrial Zone Sungei Way,

47300 Petaling Jaya, Selangor.

ATT: Puan Islamiah Idris

(Employee Relation Manager - Human Resources Department)

Dear Madam,

RE: EXPLANATION SHOW CAUSE LETTER

I wish to refer to your letter dated 23rd. Dec 2002, where you have requested me to give an explanation for the medical leave obtained by me.

First of all, you are fully aware that I am suffering from severe back pain and taking treatment. In fact by letter dated 03rd. Sept 2002,I have written to you seeking 3 months leave for taking further treatment in overseas which you have rejected.

Thereafter, you issued me a letter lay-down condition that I am only allow to take medical treatment with only two specific clinics.

But, though I acknowledge and receipt of your letter regarding of the two clinics, but due to severe pain which cause sometime compel me to visit other clinics.

I wish to point of out here that Klinik Nanda which I obtained M/C on 18/12 is also one of our panel clinics.

We regard to other clinics, due to my nature of my disease I am forced to visit those clinics mentioned with the hope to get best medication.

Therefore, I have no deliberate intention to ignore your instruction but due to unavoidable situation I had obtain medical treatment and medical leave from the said clinics.

With having this explanation I humbly request your good self to accept my reasons and refrain from taking any further action against me.

Thank you.

YOURS FAITHFULLY,

.....signed....

MANJULA BAI"

The company did not accept the claimant's explanation. A domestic inquiry was held against the claimant on 13 January 2003 vide CO-7, Bundle A, pages 18 and 19. The charge against the claimant was as follows:

"MOTOROLA

Motorola Malaysia Sdn Bhd

2nd. Jan 2003

Manjula Bai d/o Subramaniam (Badge No: 10852)

No. 24, Lorong Dato' Abdul Hamid 6B,

Taman Sentosa, 41200 Klang,

Selangor Darul Ehsan.

Re : Charge Sheet

Our letter to you dated 19th November 2002 is referred to. Where you had been instructed to lim