4-743/06 between encik adar bin ya and proton ... - Industrial Court

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“parang” but it was done with a justified reason. However, the court cannot accept the claimant's reason for having the said “parang” since there is a clear company's policy on the matter and the claimant has breached it. Thus, in light of the above the court finds on the balance of probabilities that the third charge against the claimant is also proven. The next question is whether the two misconducts constitute just cause or excuse? It is recognised that an employer owes a contractual obligation to his employees, female or otherwise, to ensure that he provides a safe and conducive working environment in which they can function. It cannot be emphasised strongly enough that the employee cannot take the law into his own hands. There are remedies available to redress his alleged grievances. In court's view that claimant ought to know better than to take the law into his own hands. To say that it was done in the heat of the moment and in self defence is no excuse. To allow such a conduct to go unpunished would be detrimental to the morale and discipline of the company. It is a conduct which is very much against the grain of industrial peace and harmony. An employee cannot be expected to work in environment shrouded in fear, physical violence in a working environment should be abhorred. The punishment of dismissal in this instance cannot be said to be excessive. 16
The court is satisfied that in the circumstances and on the evidence, the dismissal is with just cause and excuse. As such, this court orders that the claimant's claim be dismissed. HANDED DOWN AND DATED THIS 12 DAY OF JANUARY 2011 SIGNED AHMAD TERRIRUDIN BIN MOHD SALLEH CHAIRMAN INDUSTRIAL COURT 17
Page 1 and 2: INDUSTRIAL COURT OF MALAYSIA CASE N
Page 3: not find any problem in handing dow
Page 6 and 7: “It is trite that the Industrial
Page 8 and 9: incident between the claimant and S
Page 10 and 11: Vide his written statement (CLWS2 (
Page 12 and 13: contradict them. This appears in al
Page 14 and 15: oth the evidence of the company thr

4-743/06 between encik adar bin ya and proton ... - Industrial Court

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