Reference no: EM132884364

QUESTION 1

In Fung Keong Rubber v Lee Eng Kiat, [1981] 1 MLJ 238, where the Respondent had been dismissed on 7th November 1973 because he had been suspected involved in the loss of the goods in the factory. In Jun 1976, he had been acquitted and discharge against the offenses and in July, the Respondent filed an application for representation to reinstate him back to the former employment and the Appellant reject the Respondent's application.

a) Based on the situation above, why the Director-General of the Industrial Relations Department rejected the respondent's application for reinstatement?

QUESTION 2

Martin was on a work assignment at Ipoh, Perak, from 28 April to 6 May 2017, and was staying at the Cherry Hotel, one of his Employer's corporate partner hotels. His employer received an email from the hotel regarding an incident on 5 May 2017, describing Martin as being drunk and shouting at the hotel bar. His Employer had successfully established that Martin was guilty of the alleged misconduct with all the proper procedures and was then handed him a letter of termination and informed that his employment was being terminated. Martin then claimed that he was at the hotel bar alone during off work hour and not in work attire. He also claimed that he had a clean disciplinary record with his employer, and therefore that his immediate dismissal was without just cause.

a) Based on the situation above, does Martin's action considered misconduct? yes / no. why

b) As claimed by Martin, do you think that his dismissal was without just cause? Please justify your answer.

c) To dismiss an employee who is covered under the EA 1955 due to misconduct, it is mandatory for the employer to conduct an inquiry to search for truth, facts, or reasons for the charges alleged by the employer against its employee. Please name the inquiry.