Labourlaw Bulletin

LABOURLAW BULLETIN #9/2025


WHAT'S NEW
Case Highlight

AHMAD FAIZAL AHMAD FAUZI v. TEXAS INSTRUMENTS MALAYSIA SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
CHOW SIEW LIN
AWARD NO. 1158 OF 2025 [CASE NO: 12(5)-4-1287-23]
17 JULY 2025

AbstractAn employer is justified in dismissing an employee for misconduct when it can prove a pattern of insubordination, aggressive behavior, and threatening actions towards management, as well as a disregard for direct instructions. This includes instances like ignoring directives to stop work-related tasks, participating in meetings despite being told not to, making threats verbally and via email, and contacting company members through social media against explicit orders.


YONG KONG CHUAN v. AMFUNDS MANAGEMENT BERHAD
INDUSTRIAL COURT, KUALA LUMPUR
NUR FAUZAH MOKHTAR
AWARD NO. 1239 OF 2025 [CASE NO: 11-4-1397-22]
30 JULY 2025

Abstract(i) An employer cannot dismiss an employee for failing to meet a standard of performance that the employer previously accepted, especially when the employer’s own systemic issues contributed to the error; (ii) An employer’s disciplinary action must be consistently applied across similar situations and not selectively target an employee for one isolated incident while ignoring similar issues with other transactions.


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