HAMSA BUDIN v. SARAWAK ENERGY BERHAD; SYARIKAT SESCO BERHAD (THIRD PARTY)

[2017] 2 MELR 16
Industrial Court, Kuching
Ani Ak Solep
Award No: 216 of 2017 [Case No: 8/(3)(8)/4-861/11]
Ani Ak Solep

Dismissal : Misconduct - Terms and conditions of service on conduct and discipline - Allegation of breach - Whether domestic inquiry properly held - Loss of trust and confidence - Whether dismissal justified

Industrial Court : Procedure - Joinder of parties - Correspondences and letters of party joined - Whether respondent was employer of claimant - Whether letter of dismissal from party joined and not respondent - Whether party joined dismissed claimant

Held:

(1) Having considered the evidence, the presence of the logo of the respondent on the correspondences and letters of the party joined including on the letter of dismissal, the court was satisfied that the letter of dismissal was from the party joined and not the respondent. Thus, it was the party joined which dismissed the claimant. (para 32)

(2) Albeit there being a DI, the court reheard the matter afresh. The court had to make a finding of fact premised on the evidence available as to whether the charges of misconduct had been established against the claimant on the balance of probabilities. (paras 53-55)

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