Advise danny on whether there was breach of natural justice

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Reference no: EM133208966

Question - Danny was a boiler man who worked for the Palm Oil Research Institute (PORI) (fictitious), an agency under the jurisdiction of the Ministry of Plantation Industries and Commodities in Shah Alam. His supervisor, Ethan, lodged a complaint on 21 March 2022 that Danny did not turn up for work from 14 to 18 March 2022 without any valid reason. Ethan also alleged that the medical certificate produced by Danny on 20 March 2022, from Shah Alam Hospital was forged. By a letter dated 23 March 2022, Danny was informed by the Director-General of PORI, Dato' Fahmi, that a disciplinary hearing would be conducted on 1 April 2022. The charges read: "That you, from 14 to 18 March 2022, were absent from work without any valid reason. Therefore, you are accused to have committed a disciplinary offence for being absent from duty without leave or without prior permission and without reasonable cause for three consecutive days and that is punishable with the penalty of dismissal". The letter further stated, "That you, on 20 March 2022, have produced a forged medical certificate to Mr Ethan, your superior. Therefore, you are accused to have committed a disciplinary offence on dishonesty that is punishable with the penalty of dismissal".

During the hearing on 1 April 2022, the Disciplinary Committee was presented with the following evidences on behalf of PORI:

a) The thumbprint record from 14 to 18 March 2022 that showed Danny was absent.

b) Oral testimony of Ethan that the medical certificate was forged because he believed that Danny was not sick on those dates. The handwriting on the medical certificate looked like Danny's handwriting. Ethan admitted that he did not call or visit the Shah Alam Hospital to verify the authenticity of the medical certificate.

Danny was invited to explain himself. He admitted that he was absent from 14 to 18 March 2022 but he denied having forged the medical certificate as claimed by Ethan. However, the Disciplinary Committee decided that the failure of Danny to enter his thumbprint on those dates and the credibility of Ethan as an experienced staff and the recipient of an excellent service award substantiated the charge. Danny requested from the Committee to call Dr Geetha, the medical officer who issued the medical certificate as his witness, but his request was denied. Danny also was not satisfied because one of the Disciplinary Committee members was Hazira, Danny's former superior, who transferred Danny from PORI's office from Putrajaya to Shah Alam in 2021 due to some arguments between them concerning work. The Disciplinary Committee decided to dismiss Danny.

Advise Danny on whether there was a breach of natural justice.

Reference no: EM133208966

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