TAMILSELVI LETCHUMANAN v. MALAYSIAN AIRLINE SYSTEM BERHAD
INDUSTRIAL COURT, KUALA LUMPUR
ANNA NG FUI CHOO
AWARD NO. 811 OF 2015 [CASE NO: 3/4-327/14]
30 JUNE 2015
DISMISSAL: Breach of company rules and policies - Dishonesty - Claimant attempting to smuggle in cigarettes into the UK above the allowed limit - Whether proven by the company - Evidence adduced - Effect of - Claimant admitting to the offence and receiving an adult caution - What that meant - Whether her misconduct had warranted her dismissal - Whether dismissal without just cause and excuse
DISMISSAL: Misconduct - Claimant attempting to smuggle in 8200 sticks of cigarettes - Claimant detained by UK Customs and deported back - Whether her actions had constituted a serious misconduct - Factors to consider - Whether the claimant had been aware of her actions - Claimant's defence - Whether could be accepted - Whether the company had reasonable grounds to believe in her guilt - Whether dismissal without just cause and excuse
DISMISSAL: Misconduct - Claimant attempting to smuggle in 8200 sticks of cigarettes into the UK - Whether proven by the company - Evidence adduced - Effect of - Claimant's position in the company - Whether her conduct had been acceptable - Whether her misconduct had been serious - Whether the company had been justified in dismissing her - Claimant's length of service in the company - Whether should be taken into account - Whether the claimant's conduct had destroyed the trust reposed in her by the company - Whether the company had been justified in dismissing her - Whether dismissal without just cause and excuse
INDUSTRIAL COURT: Punishment - Mitigating factors - Whether dismissal had been too harsh under the circumstances of the case - Company the national carrier of Malaysia - Claimant in uniform when detained - Whether her actions had tarnished the image of the company - Factors to consider - Effect of - Whether her dismissal had been justified
ANALIZA KASSIM v. MESSRS AZHAR & GOH
INDUSTRIAL COURT, KUALA LUMPUR
AHMAD ROSLI MOHD SHAM
AWARD NO. 895 OF 2015 [CASE NO: 11/4-2002/07]
24 JULY 2015
DISMISSAL: Notice of termination - Forced resignation - Whether the claimant had been forced to resign - Factors to consider - Whether the claimant had performance issues - Evidence adduced - Effect of - Claimant advised to shape up or ship out - Whether that had constituted forcing her to resign - What forced resignation meant - Whether the claimant had resigned voluntarily
EVIDENCE: Witness - Credibility - Whose evidence more credible - Factors to consider - Effect of
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