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INDUSTRIAL COURT KUALA LUMPUR
SEBASTIAN MATTHIAS BOEHME – Appellant
Versus
SIEMENS MALAYSIA SDN BHD – Respondent
| Table of Content |
|---|
| 1. dismissal based on serious misconduct. (Para 1 , 2 , 3) |
| 2. allegations of serious misconduct affecting company integrity. (Para 4) |
| 3. claimant's actions and their impact on reputation. (Para 5 , 29) |
| 4. determination of just cause for dismissal. (Para 6) |
| 5. court's evaluation of the nature of misconduct. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 6. court's findings uphold dismissal as just and reasonable. (Para 30) |
| 7. standard for just cause in dismissals. (Para 33) |
[1] This reference stems from the dismissal of Sebastian Matthias Boehme ("the Claimant") by Siemens Malaysia Sdn Bhd ("the Company") on 30 June 2015.
Brief Facts
[2] The Claimant, Sebastian Matthias Boehme, (CLW) was employed by a Letter of Employment dated 28 May 2013 as the Gas Turbine Commissioning Manager by the Company, Siemens Malaysia Sdn Bhd, (the Company). Prior to his employment with the Company the Claimant had been working for the Company in the same position of delegation basis since 1 June 2009. The Letter of Employment states that the Claimant's services with the Company since 1 February 2005 in the Siemens Group will be recognised. By a letter dated 20 January 2014 the Claimant was confirmed in his posit
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