POH KWEI WAH v DINDINGS POULTRY DEVELOPMENT CENTRE SDN. BHD

aa-16-18-11-2024 High Court (Mahkamah Tinggi) 15 July 2025 • AA-16-18-11/2024

Catchwords

Industrial Relations — Dismissal — Misconduct — Sale of used tyres to blacklisted workshop — Internal email dated 22 February 2021 prohibiting dealings for repair and maintenance only — No clear, specific and unequivocal instruction prohibiting sale of used tyres — Whether misconduct established — Industrial Court erred in law and fact by extending scope of instruction — No evidence of personal gain or dishonesty — Failure to distinguish negligence from misconduct — Proportionality of punishment — Appellant with 34 years’ unblemished service — Dismissal disproportionate — Award set aside — Matter remitted to Industrial Court for assessment of compensation

Practice Areas

Employment & Industrial Relations

Judges (1)

Norsharidah binti Awang Delivered

Parties (2)

DINDINGS POULTRY DEVELOPMENT CENTRE Sdn Bhd Respondent Poh Kwei Wah Appellant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (aa-16-18-11-2024)