MOHD NAZMAN HAMID v. HICOM AUTO SDN BHD
INDUSTRIAL COURT, PENANG
FREDRICK INDRAN XA NICHOLAS
AWARD NO. 712 OF 2016 [CASE NO: 18/4-505/14]
13 JUNE 2016

DISMISSAL: Breach of company rules and policies - Dishonesty - Whether the claimant had clocked in his superior's attendance card - Factors to consider - Evidence adduced - Evaluation of - Whether the charges had been proven by the company against him - Whether it had justified the claimant's dismissal - Whether dismissal without just cause and excuse

DISMISSAL: Misconduct - Claimant punching in his superior's attendance card - Whether the misconduct had been serious enough to warrant his dismissal - Whether the company had less severe forms of punishment in its "armoury of punishment" that it should have utilised rather than dismissing the claimant - Whether the punishment of dismissal had been disproportionate to the misconduct committed by the claimant - Factors to consider - Effect of - Whether the company had acted as a reasonable employer would have done - Whether dismissal without just cause and excuse

DISMISSAL: Probationer - Claimant was a probationer at the point of his dismissal - What sort of compensation he was entitled to - Factors to consider - Effect of

INDUSTRIAL COURT: Remedies - Compensation - Probationer claimant - Claimant awarded compensation for "lost time" - Method of calculation - Factors to consider - Effect of

LEE TED YONG v. SYARIKAT SESCO BERHAD
INDUSTRIAL COURT, SABAH
DUNCAN SIKODOL
AWARD NO. 706 OF 2016 [CASE NO: 8/4-609/13]
8 JUNE 2016

DISMISSAL: Breach of company rules and policies - Assault - Claimant terminated by the company for assaulting and abusing his superior and colleagues - Whether the punishment of dismissal had been unwarranted, harsh and excessive - Factors to consider - Claimant serving the company for 31 years with a clean record - Effect of - Whether his actions at the company dinner had constituted a serious misconduct which had warranted his dismissal - Factors to consider - Whether the claimant's dismissal had been carried out with just cause and excuse

DISMISSAL: Breach of company rules and policies - Assault - Whether the act committed by the claimant, which had happened outside the workplace, had breached the express and/or implied terms of his employment with the company - Assault happening at the company dinner - Whether it had brought him within the domain of his employment as there had been a clear nexus with his employment - Whether the company dinner had been related to his employment or had fallen within his private domain - Factors to consider - Effect of

DISMISSAL: Breach of company rules and policies - Assault - Whether the claimant had verbally abused and assaulted his superior and colleagues at the company dinner - Evidence adduced - Evaluation of - Whether the charges had been proven by the company against him - Whether it had justified his dismissal - Claimant's explanations - Whether could be accepted - Whether dismissal without just cause and excuse

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