Reference no: EM133179953

Zack is an employee who is responsible for carrying out duties in the operations division. Zack is faced with a disciplinary issue, namely absenteeism. Zack was absent from work for 3 days on March 3, 2022, March 4, 2022 and March 6, 2022. Zack applied for emergency leave on those 3 days. However, the Human Resources Department refused the emergency leave because Zack had no valid reason. On March 15, 2022, Zack was demoted from line leader to general worker in the operations division. The Human Resources Department continues to impose this demotion action due to the need teach to Zack not to repeat the same offense. The Human Resources Department has conducted investigation on disciplinary issues acquired by Zack. After discussions at the top management level, the Human Resources Department decided to dismiss Zack for having poor disciplinary problems. On June 1, 2022, the company gave a letter of dismissal to Zack. This dismissal had made Zack feel dissatisfied, and he reported to the Malaysian Industrial Relations Department.

Based on the above scenario, answer all questions as follows:

a) What kind of category of misconduct has Zack committed? Explain.

b) Based on your answer (a), is it correct for the employer to impose a demotion on Zack? Justify your answer with the appropriate section and act.

c) Based on the above scenario, is the employer's action in dismissing Zack is legally allowed in Malaysia? Explain your answer with appropriate court cases, and sections and acts.

d) If you are an officer in the Department of Industrial Relations, what action should be taken to resolve the above case? Discuss the answer with the appropriate sections and acts.