Incorporating Employment (Amendment) Act 2022
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Award No:75/2023
  
Company:PCA Group Sdn Bhd
  
Claimant:  Fazrul Fahmi Bin Mohd Noor 
 
  
Case  
  
  • The Claimant had commenced employment with the Company as a Technical Assistant, P&F on 20.12.2017 and was confirmed in his position through the Company’s letter dated 08.05.2018 after undergoing six (6) months of probation period.
  • On 11.06.2020, the Claimant was transferred from Technical Assistant, P&F Management (Division 1) to Technical Assistant, Production (Division 1) which the Claimant objected to the same via his letter dated 13.06.2020.
  • On 15.06.2020, the Company issued a letter of Final Warning to the Claimant for a number of incidents of misconduct by the Claimant.
  • However, on the afternoon of 15.06.2020 the Company’s General Manager for HR & Admin met with the Claimant to discuss the Claimant’s grievances. As a result of that meeting the General Manager informed the Claimant the Final Warning letter of 15.6.2020 was to be revoked by the Company with the intention to issue a Letter of Show Cause dated 16.06.2020 in order to give the Claimant the opportunity to provide a written explanation to the alleged incidents of misconduct.
  • However, prior to the issuance of the new Letter of Show Cause by the Company to the Claimant, the Claimant tendered a resignation letter dated 15.06.2020 which was submitted to the Company on the morning of 16.06.2020 alleging involuntary resignation. The Claimant claimed he was forced to resign from the Company due to the Company’s alleged actions to victimize him.​
 
  
Held   
  
  • The Industrial Court upheld that undeniably the Claimant had objected to the issuance of the Final Warning letter dated 15.6.2020 because he was not given the opportunity to provide his explanation to the allegations made against him and based on his objections.
  • The Court also found the Company had revoked the Final Warning letter and instead had decided to issue a letter of Show Cause to the Claimant. However, it was also evidenced that the Claimant instead of taking the opportunity to explain which was sought by him in the first place and subsequently given to him by the Company to explain and or rebut the allegations made against him, he had instead tendered his resignation claiming his resignation was forced by the Company.
  • The Court further held that there is no evidence produced to show any element of threat or coercion on the part of the Company towards the Claimant in issuing his letter of resignation other than he himself stating in the said letter of resignation that the said letter of resignation was written involuntarily. The Court found there was no other corroborating evidence to support the Claimant’s allegation of forced resignation.
  • Hence, the Court found that the Claimant had voluntarily resigned from his employment and dismissed his claim.
 
MEF Consultant-in-Charge: Mr. Nantha Kumar
 
For more insight on Industrial Relations, please contact any of our IR Consultants at https://www.mef.org.my/ContactUs/consultants.aspx
 
  
 
Tags/Keywords
unfair dismissal, warning letter, forced resignation
  
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