- 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。
- 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。
- 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.
- 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).
- 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.
- 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.
- 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.
- 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.
- The Industrial Court upheld the dismissal.
- Employee Misconduct, CLJ Publication
- Mohd Azizi Mat Arshad v. Top Glove Sdn Bhd  2 LNS 2959
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