AWARD

Paramalingam Doraisamy:

Reference

[1] This is a reference made under s 20(3) of the Industrial Relations Act 1967 (Act 177), arising out of the dismissal of Mohammad Huzaini Bin Abdul Manaf (hereinafter referred to as "the claimant") by Percetakan Mun Sun Sdn Bhd (hereinafter referred to as "the company") on 14 November 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 14 November 2023.

I. Procedural History

[3] The court received the letter pertaining to the DGIR's reference under s 20(3) of the Industrial Relations Act 1967 on 24 January 2024.

[4] The matter was fixed for mention on 22 February 2024, 16 April 2024, 28 May 2024, 6 June 2024, 25 October 2024 and 26 March 2025.

[5] The trial proceeded on 20 November 2024 and concluded on 8 April 2025.

II. Parties' Position On The Merits

a. The Claimant

[6] The claimant commenced his employment with the company on 8 February 2019 as a Machine Operator with a monthly basic salary of RM2,700.00.

[7] As a Machine Operator, the claimant was required to report to his line manager, i.e., Mr Mathana Mohan a/l Adeyah @ Vengadeson (COW-2; Assistant Factory Manager).

[8] At the same time, the claimant's wife, Pn. Noordiana Binti Razali (CLW-1; OSH Coordinator-cum-Receptionist) was also working together with the claimant in the company, wherein she was holding a position as Assistant Human Resource (Occupational Safety and Health ("OSH")). At all material times, the company had always allowed for married employees to work together with their partners in the company.

[9] The event that led to the incident on 24 October 2023 emerged when the claimant had applied for sick leave from the company after obtaining the medical certificates from Pusat Perubatan Universiti Malaya ("PPUM").

[10] On 19 October 2023, CLW-1 had proceeded to apply for leave from the company. The company, however, made an assumption that CLW-1's leave application was for the purpose of taking care of her husband, i.e., the claimant.

[11] The claimant contends that on 24 October 2023, the Head of Human Resource Department of the company, i.e., Pn. Zeenat Nisa Binti Ahmad Shah (COW-1) had sent vulgar messages in the human resource department's WhatsApp group, wherein CLW-1 is one of the group participants, insinuating to CLW-1 that leave should not be applied by her just because her husband, i.e., the claimant, is sick.

[12] In the evening of 24 October 2023, the claimant, after receiving the news from CLW-1, texted COW-2 due to the inconsiderate action taken by the company. COW-2 then informed the claimant to meet him the next day.

[13] On 25 October 2023, around 6.30pm, before the claimant started his second shift at 7.45pm, the claimant and COW-2 met to talk about the inconsiderate action by the company in using vulgar statements about CLW-1's leave application. The claimant met with COW-2 outside of the company's factory on that day, and the issue was resolved.

[14] However, to the claimant's shock and dismay, after the meeting with COW-2, on 25 October 2023, the company suddenly issued a show cause letter to the claimant stating that the claimant failed to control himself, was angry and used vulgar words against COW-2 during the meeting that took place on 24 October 2023.

[15] At all material times, the issues between COW-2 and the claimant had been resolved, and a show cause was not necessary. Considering the fact that the claimant had been working with the company for 4 years, in good faith, the Claimant replied to the show cause letter admitting that the meeting did happen.

[16] On the same day, the company issued a Notice For Domestic Inquiry And Suspension to the claimant. The domestic inquiry was to take place on 9 November 2023 at the company's conference room. Pending the domestic inquiry, the claimant was suspended from work for 2 weeks.

[17] At all material times, COW-2 himself, during