AWARD

Indra Ayub:

A. Reference

[1] This is a reference by the Honourable Minister of Human Resources under s 20(3) of the Industrial Relations Act 1967 ("the IRA 1967") arising out of the dismissal of Nur Hamid Bin Mohd Zainal (hereinafter referred to as "the Claimant") by Malaysia Airports Holdings Berhad (herein referred to as "the Company").

B. Preface

[2] This Ministerial reference required this Court to hear and determine the Claimant's complaint of dismissal by the Company with effect from 23 July 2020.

[3] The Claimant commenced employment with the Company as an Aviation Security Assistant on 16 February 2009.

[4] This present case relates specifically to the alleged medical benefit abuse by the employees of the Company, including the Claimant. Beginning February 2020 until April 2020, the Company conducted an analysis of medical claims data for the year 2019 and discovered that the claims for medical expenses of employees based in Kota Kinabalu International Airport ("KKIA") were the highest in Malaysia.

[5] By a letter dated 14 May 2020, the Company issued a show cause and suspension letter to the Claimant. After reviewing the Claimant's reply to the show cause letter dated 20 May 2020, the Company decided to conduct a Domestic Inquiry in order to provide the Claimant an opportunity to put forward his defence before an independent Panel of Inquiry.

[6] The Company issued a Notice of Domestic Inquiry dated 29 June 2020 to the Claimant to answer the Charge:

"Anda didapati telah menyalahgunakan faedah rawatan dan perubatan Syarikat di mana jumlah lawatan serta kos rawatan perubatan "General Physician" (GP) bagi diri anda dan tanggungan anda adalah tidak munasabah seperti dalam Lampiran A dan Lampiran B serta jadual di bawah:

Perbuatan anda menyebabkan pihak Syarikat mengalami kerugian kerana menanggung kos rawatan dan perubatan yang tinggi dan menyebabkan Syarikat hilang kepercayaan ke atas integriti anda sebagai seorang kakitangan."

[7] The Claimant attended the Domestic Inquiry on 14 July 2020 and pleaded not guilty to the charge. After the conclusion of the Domestic Inquiry, the panel of the Domestic Inquiry found the Claimant "Guilty" of the charge of misusing the Company's medical benefit.

[8] The Company decided to terminate the Claimant's employment with immediate effect vide a Letter of Dismissal dated 23 July 2020 which, inter alia, stated that "Berdasarkan bukti-bukti dan dokumen-dokumen yang dikemukakan semasa sesi Siasatan Dalaman, pihak Syarikat, dengan ini, mendapati anda bersalah ke atas kesalahan seperti tertera di dalam Notis Siasatan Dalaman bertarikh 29 Jun 2020. Setelah pertimbangan teliti, pihak Syarikat dengan ini berkeputusan untuk menamatkan perkhidmatan anda berkuatkuasa 23 Julai 2020".

[9] The Claimant submits that he was unlawfully terminated and that his dismissal by the Company was without just cause or excuse.

[10] The Company, however, states that the termination of the Claimant's employment was lawful with just cause or excuse. The Company prays for the punishment of dismissal to be upheld and the Claimant's claim to be dismissed.

C. Witnesses

[11] There were five (5) witnesses who testified in Court as follows:

CoW1: Mohd Adib Ismail - the Manager of Industrial Relations - Human Capital Division of the Company. His witness statement was marked as CoWSl.

CoW2: Captain (B) Mazlan Fauzi - the Senior Manager of Industrial Relations and Occupational Safety and Health of the Company. His witness statement was marked as CoWS2.

CoW3: Dayang Ratna Kesmawati Abang Morni - the panel of the Domestic Inquiry. Her witness statement was marked as CoWS3.

CoW4: Dr Jasman Haris - former Medical Director of PMCare Sdn Bhd. His witness statement was marked as CoWS4.

CLW1: Nur Hamid Bin Mohd Zainal - the Claimant. His witness Statement was marked as CLWS1.

D. Duty Of The Industrial Court

[12] The Federal Court in Milan Auto Sdn Bhd v. Wong Seh Yen; [1995] 3 MLJ 537; [1995] 4 CLJ 449; [1996] 1 AMR 049, at p 26, held that the