AWARD

Pravin Kaur Jessy:

Reference

[1] This is a reference by the Director General of Industrial Relations Malaysia pursuant to s 20(3) of the Industrial Relations Act 1967 ("The Act") arising out of the dismissal of Mageswary Rajagopal ("the claimant") by Jumewah Shipping Sdn Bhd ("the company") on 12 April 2023.

[2] The reference by the Director General of Industrial Relations ("DGIR") in this case required the court to hear and determine the claimant's complaint of dismissal by the company on 12 April 2023.

[3] This court in handing down this Award considered inter alia the following cause papers and/or documents:

(i) Statement of Case dated 24 November 2023 (SOC);

(ii) Statement In Reply dated 11 January 2024 (SIR);

(iii) Rejoinder dated 29 January 2024 (Rejoinder);

(iv) Claimant's Bundles of Documents (CLB-1 & CLB-2);

(v) Company's Bundle of Documents (COB-1 & COB-2);

(vi) Witness Statement of Mageswary Rajagopal (CLWS-1);

(vii) Witness Statement of Ranjit Kaur Gurdial Singh (COWS-1);

(viii) Witness Statement of Theresa Wong (COWS-2);

(ix) Company's Written Submission and Bundle of Authorities;

(x) Claimant's Written Submission and Bundle of Authorities;

(xi) Claimant's Submission In Reply; and

(xii) Company's Submission In Reply and Additional Bundle of Authorities.

Procedural Background

[4] At the commencement of the trial, the court sought clarification from both Learned Counsel on their respective positions, as it was noted that the claimant did not dispute the act of altering the period of sick leave in Medical Certificate No 390911 dated 1 March 2023. The said certificate had originally been issued by Pantai Hospital Klang for the period from 27 February 2023 until 5 March 2023, but was altered by the claimant to reflect the period from 27 February 2023 until 8 March 2023.

[5] This fact was expressly admitted by the claimant in her reply to the show cause letter dated 17 March 2023, during the domestic inquiry convened on 5 April 2023, in her appeal against the dismissal letter dated 13 April 2023, as well as in her pleadings before this court.

[6] Both Learned Counsel confirmed that the act of misconduct had indeed been committed. Accordingly, the sole issue left for the court's determination is confined to the proportionality of the punishment imposed by the company.

[7] In light of the above, both the claimant and the company's Learned Counsel mutually agreed to proceed by way of written submissions limited to the issues of proportionality of punishment and post-dismissal earnings, based solely on the documentary evidence filed and tendered before this honourable court, without the need to call witnesses.

[8] In view of the agreement of both Learned Counsel, the court shall proceed to determine the matter on the basis of the admitted misconduct and will confine its consideration to the issues of proportionality of the punishment imposed by the company and the claimant's post-dismissal earnings. The court shall therefore evaluate the documentary evidence tendered and the submissions advanced by both parties.

Facts Of The Case

[9] The claimant commenced employment with Lafarge Malayan Cement on 17 May 2004 as Coordinator — Oilwell Cement/Sales Support (COB-1 pp 4-6) and was confirmed in her position effective 17 August 2004 (COB-1 p 7). Over the years, she held several positions following corporate changes and transfers, including with Kedah Cement Sdn Bhd, Slag Cement Sdn Bhd and later with the company. The claimant's last position was Manager — Export Sales, effective 1 July 2022 (COB-1 p 32), with a last drawn salary of RM7,500.00 per month (CLB-1 p 50).

[10] On 27 February 2023, the claimant was admitted to Pantai Hospital Klang for a medical procedure, wherein she was discharged from the hospital on 1 March 2023.

[11] On 1 March 2023, the claimant informed her superior, Mr Stephen Haralnyanapparakasam ("Mr Stephen"), via WhatsApp (CLB-1 p 32), that she had been discharged from Pantai Hospital Klang and would be on medical leave until 8