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CASE HIGHLIGHTS |
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AHMAD FAIZAL AHMAD FAUZI v. TEXAS INSTRUMENTS MALAYSIA SDN BHD Abstract – An 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 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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LATEST CASES (ILR Issue 8 of 2025) |
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JUDICIAL QUOTES |
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"The episode in question occurred on 4 April 2023 during a match between Perak FC and JDT FC where the claimant was alleged to have acted unprofessionally when answering questions to the media during a post-match interview. After his team having lost the match 5-0 to JDT FC, emotions were certainly running high. ... The claimant’s answer above, as the Head Coach of Perak FC, is clearly understandable in view of the dilemma his football team was in at that point in time after having been overwhelmed by the opposing team 5-0 and his team’s shortcomings which was plain for all to see. Football managers giving terse and emotionally charged responses to media and/or journalists after a football match is nothing new or alien in the footballing world. Adrenaline would be running high and when goaded by the media, any football manager would have reacted in the same way as what the claimant did. In fact, the claimant’s response is relatively mild compared to what had been said by some of the greatest football managers, such as Sir Alex Ferguson, Arsene Wenger, Jose Mourinho and Jurgen Klopp in the past to the media. In fact, quite similarly after Manchester United’s loss to Barcelona in the Champions League final in 2011 at the post-match interview when Sir Alex Ferguson was asked if the owners of Manchester United were to give him a blank cheque to buy any one of the Barcelona players who would he get, Sir Alex retorted “That’s one of the most stupid question I’ve ever heard in my life”. And who can forget Jose Mourinho once famously calling his arch rival Arsene Wenger “a specialist in failure” during a press interview. These are just few examples of how football managers under tremendous pressure and highly-charged emotion are susceptible to dishing out fiery responses to post-match interviewers, with the sole intention of defending their team from the negative reception of the media." - Per Paramalingam J Doraisamy in Lim Teong Kim v. Perak FC Sdn Bhd [2025] 3 ILR 375 |
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