The KL Industrial Court Chairman, YA Tuan Syed Noh Said Nazir @ Syed Nadzir in his Award, was satisfied that the company had carried out a comprehensive Domestic Inquiry (DI) hence it was not tainted in mala fide. He found the DI valid and as such admissible as evidence.
Having perused the evidence in its totality, the Chairman found that the former CDO of Prasarana guilty of charges 1, 2 and 3. Whereas, for charge 4, though he may be lacking morality, the Court was of the view that he was not guilty.
On the issue of proportionality of punishment, the Court found the CDO had conducted himself in a way inconsistent with the faithful discharge of his duty in the service, hence it was a misconduct which justified immediate dismissal. Further, the Court was also of the view that the former CDO has abused responsibility bestowed upon him to undertake his duties with care, prudence and diligence, and his actions had completely eroded and shattered the trust and confidence reposed upon him by the company.
The Court found the punishment of dismissal against the Claimant was proportionate to the nature and gravity of the misconduct committed. Hence, the Claimant’s claim is dismissed.
For full Award, please click HERE (Members Login Required)