[2016] 2 MELR 374

Industrial Court, Johor
Mohd Azari Harun
Award No: 515 of 2016 [Case No: 16/4-157/15]
27 April 2016


Mohd Azari Harun:

Factual Backround

[1] The claimant commenced his probationary employment with the respondent company on 18 January 2012 as a Safety and Security Officer pursuant to a letter of employment dated 1 January 2012 and was confirmed on 1 November 2012.

[2] By a show cause letter dated 6 January 2014, the claimant was required to justify his following misconducts, that is frequently late in reporting for work and leaving the workplace without informing his superior. The so called show cause letter is reproduced below (p 6 COB):

[3] The claimant replied by a letter dated 8 January 2014 whereby he admitted the misconducts, apologised and promised to make amend, as reproduced below (pp 7-8 COB):

[4] On 15 January 2014, the respondent company had decided to issue a final warning to the claimant to improve on his performance, as below:

[5] At the material time, the claimant was working primarily at a project identified as Perling Heights at Taman Perling.

[6] In February 2014, the claimant was transferred to a new workplace known as Langkasuka Apartments at Larkin. During that time, the project was newly completed and defect check work was ongoing. It was also part of the claimant's duty to attend to fogging at two other construction sites, namely Pine Residence in Gelang Patah and Taman Industrial Jaya in Skudai, on fortnight basis.

[7] On 07 April 2014, the respondent company gave one month notice to the claimant to terminate his employment, reasons being the work performance of the respondent was not satisfactory and he was irresponsible, as set out in the letter as below:

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