1. 一名服务了24年的主管被公司解雇。解雇原因是他在办工时间提早离开公司。主管向工业法院提起诉讼。
  2. 主管在法庭供证说三年前,当他还还未被解雇时,他因一场车祸,严重受伤,导致他的行动困难,因而被列为残障人士。
  3. 此主管停职了两年。当他重返公司后,每当他缺席或迟到,公司也会扣除他的工资。雇主回应说由于他的残缺,公司尝试寻找适合他的的工作岗位,把将他从一个部门调动到另一个部门。这段期间,主管常常不在工作岗位并不见人影。因此,公司给于此主管多次的劝告和警告信。
  4. 最终公司出信给此主管要求他给于书面解释(1)为何他提早离开公司;和 (2)解释为何他在没经过上司的允许而使用超过限定的午饭时间。他承认他的错误但解释因为他的受伤,导致他不在工作岗位。
  5. 主管解释说由于他的残缺,他无法使用公司里的厕所设施。法院认为如果这个理由是真的,为什么他不向管理层商量此问题,如果他需要早退,为何他没有跟上司申请?
  6. 法院同意雇主的说法,员工在没有允许之下缺席或者不在工作岗位是一个无法容忍的问题, 特别是制造业,缺席将会影响生产量。公司也警告过此主管,公司无法接受他缺席纪录。
  7. 工业法院判决坚持解雇。

 

  1. A Supervisor with 24 years’ service was dismissed for leaving the workplace early before the ending of his working hours. After his dismissal, he filed a claim in the Industrial Court.
  2. In Court, the Supervisor testified that three years before he was dismissed, he had a major accident which left him with severe difficulties in moving around and he had been classified as a Person with Special Needs (OKU).
  3. He had been off work for two years. Upon his return, when he missed work or came late, his employer would cut his wages accordingly. The employer responded that they had made every effort to find him a suitable job and had moved him from one department to another as a result. During this time, the Supervisor had often disappeared from his workstation and could not be found. For this reason, the employee had been counselled and issued with warning letters many times.
  4. The Company finally issued a show cause letter asking him to explain why he had left the workplace early, before the end of the work-day, on many occasions and had taken lengthy lunch breaks without permission from his superior. In his reply, the Supervisor admitted that he was guilty but explained that his injuries were the cause of this absence from the workplace.
  5. The Supervisor said that he was unable to use the toilet facilities in the work premises because of his injuries. The Court held that if that was the case, why did he not discuss this problem with the management and if he needed to leave, why did he not get permission from his superior.
  6. The Court agreed with the employer that a worker who is absent without leave or missing from his workplace is a problem that cannot be tolerated, especially in a manufacturing environment whereby absence will affect output, and in the circumstances that the employee had been warned about the inability of the employer to accept his absence record.
  7. The Industrial Court upheld the dismissal.

 

Source:

  1. Employee Misconduct, CLJ Publication
  2. Mohd Azizi Mat Arshad v. Top Glove Sdn Bhd [2018] 2 LNS 2959

==============================

*如果需要法律咨询或者聘请律师处理法律事务,你可以联系我们。

*浏览我们律师楼的法律文章: www.kuekong.com

*浏览我们律师楼的法律文章: www.kuekongklg.com

*订阅我们的YouTube: http://bit.ly/lawnjustice

*加入 我们的“法律与你同行”FB 群组: http://bit.ly/fblawnjustice

*Like 我们的“法律与你同行” FB Page: http://bit.ly/lawnjusticefbpage

*加入我们的网络论坛: www.queco.org

*Wilson Kuek是“法律与你同行 Law & Justice”面子书群组的创办人。“法律与你同行”是马来西亚最大的法律平台。我们为无数的平民百姓免费解除了各类的法律困扰。

*Kuek, Ong & Associates. Advocates & Solicitors. No.86-1, Jalan Mahagoni 1, Bandar Botanic, 41200 Klang, Selangor Darul Ehsan. Klang Lawyer. 巴生(吧生)律师楼。

*我们的律师楼拥有超过15年的执业经验。我们处理民事纠纷,商业纠纷,打官司/法庭诉讼,追讨债务,遗产分配,遗嘱,离婚,抚养权,赡养费,产业分配,领养小孩,拟商业合约,拟买卖合约,银行贷款,法律咨询,法律顾问,等法律事务。全马的案件,我们皆都处理。

*We have more than 15 years of experience in the legal profession. We handle matters such as commercial disputes, civil litigation, debt recovery, probate & letter of administration, will, divorce, children custody, maintenance/alimony, adoption, distribution of matrimonial assets, drafting commercial agreement, drafting sale and purchase agreement, process loan documentations, legal consultation, legal advisory, miscellaneous legal works.

#马来西亚华人律师 #Chinese Lawyer in Malaysia #Malaysia Lawyer #巴生律师 #吧生律师 #Klang Lawyer #KL律师 #吉隆坡律师 #KL Lawyer #懂华文的律师

#Kuek, Ong & Associates #Kuek Ong & Associates #Kuek Ong Associates #郭汪律师事务所 #郭汪律师楼

 

员工休息超过午休时间和早退,被解雇