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2025 MarsdenLR 2453
INDUSTRIAL COURT KUALA LUMPUR
MUHAMAD SOFIAN ABD AZIZ – Appellant
Versus
ELEKTRISOLA MALAYSIA SDN BHD – Respondent
Award No: 753 Of 2025 [Case No: 12(5)/4-1191/21]
The court confirmed that an employee's misconduct, including derogatory and insubordinate communication, can warrant dismissal under the company’s disciplinary code, emphasizing proportionality in punishment.
Headnote:(A) Industrial Relations Act 1967 - Section 20(3) - Dismissal of employee for misconduct - The court evaluated whether the misconduct established constituted just cause for dismissal. The claim involves the employee's dismissal from the Company due to inappropriate communication in workplace group chats resulting in disharmony. (Paras 1-19)
(B) Misconduct - The Court ruled that the employee's behavior was classified as major misconduct under the Company's Employees' Code of Conduct for instigating discontent and using disrespectful language towards superiors. (Paras 20-22)
Facts of the case:
The Claimant, employed since 2006, was dismissed without notice for sarcasm and insulting language in a WhatsApp group regarding work during the Movement Control Order. (Paras 4-6, 25, 30)
Findings of Court:
The misconduct complained of by the Company was established. The dismissal was proportionate to the severity of the misconduct and warranted due to the breakdown of trust. (Paras 73-75)
Issues: The main issues were whether the alleged misconduct occurred and if it constituted just cause for dismissal. (Paras 29)
Ratio Decidendi: The court confirmed that the burden of proof rests with the employer to substantiate allegations of misconduct and that valid procedural conduct was followed in the dismissal process, citing proportionality of punishment. (Paras 25, 62-70)
Result: The Claimant’s case is dismissed.
| Table of Content |
|---|
| 1. dismissal context and background (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. company’s response to claimant's actions (Para 7 , 8 , 10 , 11 , 12) |
| 3. claimant’s defense against dismissal (Para 9 , 13 , 14 , 22 , 23) |
| 4. legal standards for misconduct and dismissal (Para 20 , 21 , 25 , 26) |
| 5. final conclusion on just cause for dismissal (Para 74 , 75) |
Reference
[1] This is a reference from the Minister of Human Resources Malaysia pursuant to s 20(3) of the Industrial Relations Act 1967 ("the Act") in respect of the dismissal of MUHAMAD SOFIAN BIN ABD AZIZ ("the Claimant") by ELEKTRISOLA MALAYSIA SDN BHD ("the Company") on 28 September 2020.
[2] This Court had considered all the notes of proceedings, documents, cause papers, submissions and bundles of authorities in handing down this Award namely:
(i) The Claimant's Statement of Case dated 6 September 2021 ("SOC");
(ii) The Company's Statement in Reply dated 23 December 2021 ("SIR");
(iii) The Claimant's Rejoinder dated 23 August 2022 ("Rejoinder")
(iv) The Claimant's Bundle of Documents ("CLB-1");
(v) The Company's Bundle of Documents ("COB-1");
(vi) The Company's Supplementary Bundle of Documents ("COB-2");
(vii) The Company's 2nd Supplementary Bundle of Documents ("COB-3");
(viii) The Company's 3rd Supplementary Bundle of Documents ("COB-4");
(ix) The Company's Memo dated 14 April 2020 ("COB-5");
(x) Claimant's Witness Statement (Muhamad Sofian Bin Abd Aziz) dated 11 October 2024 ("CLWS-1");
(xi) Company's Witness Statement (Wong Chit Chan) dated 5 September 2024 ("COWS-1");
(xii) Company's Witness Statement (Mohd Muhaidzir Bin Mohd Zain) dated 1 October 2024 ("COWS-2");
(xiii) Company's Witness Statement (Saiful Adli Bin Mat Jusoh @ Mohd Yusuf) dated 1 October 2024 ("COWS-3");
(xiv) Company's Witness Statement (Dr Zoharah Binti Omar) dated 11 October 2024 ("COWS-4");
(xv) The Claimant's Written Submission dated 15 January 2025 ("Claimant's Submission") and Bundle of Authorities ("CL BOA");
(xvi) The Claimant's Written Submission in Reply dated 4 February 2025 ("Claimant's Reply");
(xvii) The Company's Written Submission dated 9 January 2025 ("Company's Submission") and Bundle of Authorities ("CO BOA"); and
(xviii) The Company's Submissions in Reply dated 5 February 2025 ("Company's Reply") and Supplementary Bundle of Authorities ("CO BOA-2").
[3] The Company in this case was first represented by Messrs. Vilasini Menon. The said legal firm had filed all relevant cause paper and Bundles of Documents on behalf of the Company. Subsequently, Messrs. Arun Kumar & Associates took over from Messrs. Vilasini Menon and proceeded and concluded the hearing before handing over this case to Messrs. Sara Anthony & Associates for filing of the Company's Written Submission and Reply.
Brief Facts
[4] The Company is a manufacturing company located in Janda Baik, Pahang. It produces high quality fine and ultra-fine enameled copper wires and its products are supplied to a wide range of industries for the production of automobiles, industrial electronics, handphones, watches, consumer electronics and medical devices.
[5] The Claimant joined the Company on 20 November 2006 as a Production Assistant v. Gred T18. As at 28 September 2020, he was the Senior Production Assistant in the Die Polishing Department ("DP Department"). He continued his employment with the Company until his dismissal without notice effective from 28 September 2020 on ground of misconduct.
[6] The Claimant held the position as Supervisor DR (Grade F2) in the Die Polishing Department ("DP Department") with a last drawn monthly basic salary of RM1,880.92 at the time of his dismissal.
The Company's Case
[7] The Company pleaded in its SIR, inter alia, as follows:
(a) prior to the Claimant joining the Company, the Claimant was issued with the "Kod Kelakuan" during the Orientation Program conducted for new employees and he had received and signed the "Kod Kelakuan" on 6 November 2006; the Claimant was assigned to the Die Polishing Department
