An employer's mandate for COVID-19 vaccination is lawful, and refusal by an employee without valid medical grounds constitutes insubordination, warranting dismissal.

[1] This is a reference under s 20(3) of the Industrial Relations Act 1967 (the Act) by the Director General of Industrial Relations, emanates from the dismissal of Nur Kamilah binti Abdul Mutalib ("the Claimant") by Asia Digital Engineering Sdn Bhd ("the Company") on 11 January 2022.

Preamble

[2] This Court had considered the notes of proceedings and the following pleadings, evidence, documents and submissions in handing down this Award:

(i) "Penyataan Kes" dated 23 February 2023;

(ii) Statement In Reply dated 10 April 2023;

(iii) Rejoinder dated 5 May 2023;

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

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

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

(vii) Company's Bundle of Documents 4: COB-4;

(viii) Company's Bundle of Documents 5: COB-5;

(ix) "Ikatan Dokumen Penuntut": CLB-1;

(x) "Ikatan Dokumen Tambahan Penuntut": CLB-2;

(xi) Witness Statement of Nur'Ain binti Karim: COWS-1;

(xii) Witness Statement of Kuleswary Tanabarlah: COWS-2A;

(xiii) Additional Witness Statement of Kuleswary Tanabarlah: COWS-2B;

(xiv) "Penyata Saksi Penuntut", Nur Kamilah binti Abdul Mutalib: CLWS-1;

(xv) "Hujahan Bertulis Syarikat" dated 20 August 2024;

(xvi) "Hujahan Bertulis Penuntut" dated 20 August 2024;

(xvii) "Hujahan Balas Bertulis Syarikat" dated 10 September 2024; and

(xviii) "Hujahan Balas Penuntut" dated 10 September 2024.

The Company's Case

[3] At the time of her dismissal, the Claimant was employed with the Company as a Part 145 Technician, and her last drawn salary was RM3,298.00.

[4] The events leading to the Claimant's complaint are as follows:

(a) On 20 October 2011, the Claimant was offered employment by AirAsia Berhad for the position of "Aircraft Technician" via the Letter of Offer dated 20 October 2011. On 25 October 2011, the Claimant accepted the said offer and commenced duty on 1 November 2011.

(b) Effective from 9 September 2020, the Claimant's employment was transferred to the Company. Both AirAsia Berhad and the Company are wholly owned subsidiaries of Capital A Berhad, formerly known as AirAsia Group Berhad (hereinafter referred to as "AirAsia Group").

(c) On 21 August 2020, the Claimant was offered employment by the Company for the position of "Part 145 Technician" via the Letter of Offer dated 21 August 2020. The Claimant accepted the offer on the same day.

(d) In response to the COVID-19 pandemic, the Malaysian Government has enforced the Prevention and Control of Infectious Diseases (Declaration of Infected Local Areas) Order 2020 (also known as the Movement Control Order) and a series of national quarantine and "cordon sanitaire" measures since 18 March 2020.

(e) Subsequently, the National COVID-19 Immunisation Program was implemented in phases to curb the spread of COVID-19 since early 2021 starting off with phase 1 of the programme which consists of healthcare workers and frontliners comprising essential services, defence and security personnel.

(f) In line with the National COVID-19 Immunisation Program, the Company has requested all employees who are eligible for COVID-19 vaccine to fill up the COVID Vaccination Google Form so that necessary arrangement can be made in the flight Roster to prevent operation disruption.

(g) The Claimant did not fill up the said COVID Vaccination Google Form. The Claimant has opted not to take the COVID-19 vaccine.

(h) On 24 August 2021, AirAsia Group's Chief People & Culture Officer, PK Medappa announced on Workplace, the official announcement channel of AirAsia Group, "inter alia", that AirAsia will be adopting higher public health stand