Incorporating Employment (Amendment) Act 2022
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Award No:3/2014
  
Company:Misc Berhad
  
Claimant:  Zulhilmi Bin Fauzi 
 
  
Case  
  
​The employee was employed as a General Purpose Caterer and Clause 15 of his Letter of Appointment subjected him to random drug or alcohol test by the company.
In Dec 2010, the employee together with some other crew members were subjected to drug test and the results were positive.
 
The company issued him his termination letter and dismissed him. The employee responded to the termination letter appealing his case and sought reinstatement, but his appeal was rejected.
 
Issues:

1. Whether the employee was against the company’s policies when he tested positive for drugs?

2. Whether the employee was aware of company’s drug and alcohol policy?

3. Whether it had been serious misconduct?

4. Whether the dismissal was with just cause and excuse?

The employee contended that that his dismissal had been without just cause and excuse.

He claimed that he had not used any drugs at the material time and the collection of urine sample by the company did not comply with standard operating procedures and was therefore questionable.
 
  
Held   
  
​It was crystal clear that the Drug and Alcohol Policy of the employee’s Letter of Appointment requires the crew members including the employee to undergo random drug/alcohol test.
 
In the event the crew members were tested positive for prohibited drugs or alcohol, it shall result in immediate dismissal.
 
Having been tested positive for drugs, the misconduct of the employee was a minor misconduct. It was also clear that the employee had breached the regulation and policy of the company.
 
Dismissal was with just cause and excuse.
  
 
Tags/Keywords
drugs, dismissal, misconduct
  
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