wa-16a-28-06-2023 — DIMENSION BID (M) SDN BHD v MOHD FAIZZAL BIN BAHARULRAZI

Catchwords

Claimant issued transfer order from Terengganu to Labuan-he appealed but did not turn up at the station he was to report for duty-Company released him from employment- Industrial Court found Claimant to be have been dismissed without just cause and excuse-prior to transfer order, Claimant was informed on several occasions of the intention to transfer him due to slow down in the operations in Terengganu resulting from Covid-19 situation -whether transfer is a management prerogative-whether the Claimant is entitled to be informed as to the outcome of the appeal before the transfer order takes effect-whether issuance of release from employment the day after Claimant failed to report for duty is evidence of lack of bona fides-whether Claimant ought to have been issued a show cause to give him a right to be heard-breach serious enough to dispense with show cause-no useful purpose would be served with issuance of show cause.

Practice Areas

Claimant issued transfer order from Terengganu to Labuan-he appealed but did not turn up at the station he was to report for duty-Company released him from employment- Industrial Court found Claimant to be have been dismissed without just cause and excuse-prior to transfer order, Claimant was informed on several occasions of the intention to transfer him due to slow down in the operations in Terengganu resulting from Covid-19 situation -whether transfer is a management prerogative-whether the Claimant is entitled to be informed as to the outcome of the appeal before the transfer order takes effect-whether issuance of release from employment the day after Claimant failed to report for duty is evidence of lack of bona fides-whether Claimant ought to have been issued a show cause to give him a right to be heard-breach serious enough to dispense with show cause-no useful purpose would be served with issuance of show cause.

Judges (1)

Alice Loke Yee Ching Delivered

Counsel (5)

Pathma Raj Ramasamy & Co. Firm Syazwan Hasim & Azrel Eskandar Firm Azzan Aznan bin Abdul Rahim Counsel Appellant Iffah Faqiha Counsel Appellant Pathma Raj A/L Ramasamy Counsel Respondent

Parties (2)

DIMENSION BID Sdn Bhd Appellant Mohd Faizzal bin Baharulrazi Respondent

Summary

A field engineer was transferred from Kemaman, Terengganu to Labuan due to Covid-19 operational slowdowns but failed to report for duty, resulting in his release from employment. The High Court allowed the employer's appeal, finding that the transfer was a legitimate management prerogative, the employee's refusal to comply constituted insubordination, and the absence of a show cause letter did not render the dismissal unjust.

What was the outcome of DIMENSION BID (M) SDN BHD v MOHD FAIZZAL BIN BAHARULRAZI?

<p>A field engineer was transferred from Kemaman, Terengganu to Labuan due to Covid-19 operational slowdowns but failed to report for duty, resulting ...

Statutes Cited

Employment Act 1955 (Cap 265)

Industrial Relations Act 1967

s 13

Cases Cited (5)

MY (5)

[2002] 2 MLJ 27 [2004] 3 MLJ 339 [2005] 2 MLJ 1 [2020] 10 CLJ 1 [2020] 4 MLJ 662