The Industrial Court ruled that, having previously approved of the behavior for which the employee was disciplined, the employer erred in dismissing the worker based on misconduct.
Malaysia Airports (Sepang) Sdn Bhd, according to court chairman Jeyaseelen Anthony, ought to have fired claimant Aminuddin Kamarudin right away if it thought the misbehavior was significant, FMT reported.
Jayaseelan claimed that although the corporation accepted the ex-flight security staff member’s charge of unfair dismissal. It took actions that approved Aminuddin’s wrongdoing instead.
“The company never suspended the claimant after having knowledge of the claimant’s admitted misconduct and elected to continue him in service,” he said in a 41-page award issued last week.
Additionally, Jayaseelan discovered that the business had counseled Aminuddin and had an agreement with him, promising not to break any of the company’s policies.
Regarding the undertaking, Jayaseelan stated: “It is the court’s finding that the undertaking effected on the day of the incident between the company and the claimant falls squarely within the definition of condonation.
“The company as a consequence had waived its right to punish the claimant by dismissing him.” Jeyaseelen added that Aminuddin didn’t need to go through the “rigmarole” of sending the corporation three letters asking for explanations regarding the incident.
He said it shouldn’t have put him on a three-month performance improvement plan (PIP).
“The PIP was inextricably connected to the claimant’s act of misconduct. Consequently, the company is deemed to have condoned the misconduct of the claimant due to the favourable comments on his job performance,” the award read.
According to Jeyaseelan, those “positive remarks” meant that Aminuddin had maintained his promise not to misbehave again.
“Nevertheless, the company saw fit to terminate the services of the claimant,” he stated.
Aminuddin was granted a net amount of RM36,363.60 by Jeyaseelen as compensation for his contributory wrongdoing. With 30% of the total amount owed being withheld instead of reinstatement.
According to the case’s circumstances, on December 7, 2019, Aminuddin carelessly allowed a female traveler from KLIA’s international departure hall checkpoint without the required paperwork.
Five days later, he received a show-cause letter citing him for violating corporate policies. Aminuddin dutifully responded, acknowledging his negligence. He also expressed regret for his mistake to the business.
Aminuddin was informed that the event would still be investigated despite this.
After that, they sent him three further show-cause letters with dates of July 8, September 15, and November 12, 2020.
On March 10 of the following year, he was finally fired. Allegedly because the business could no longer put its trust and confidence in him to perform his job.
On its side, the business asserted that the Covid-19 lockdowns that were in effect at the time impacted its investigations.
According to the report, Aminuddin acknowledged negligence and violating the company’s standard operating procedures during the incident investigation.
After asking Aminuddin for more explanations, the business concluded that his misbehavior was particularly significant. It jeopardized the security and safety of the KLIA airport.
The business fired him after stating that his error would have legal repercussions.
Sahul Hamid Hussain of the Malaysian Trades Union Congress was Aminuddin’s representative.
