TELEKOM RESEARCH AND DEVELOPMENT SDN. BHD. AHMAD FARID BIN ABDUL RAHMAN (NO. KP: 830611-14-6387)

TELEKOM RESEARCH AND DEVELOPMENT SDN. BHD. AHMAD FARID BIN ABDUL RAHMAN (NO. KP: 830611-14-6387)

The Court of Appeal reinstated the Industrial Court award because the Industrial Court's factual findings that the respondent knowingly submitted a false claim were supported by admissions, documentary and system evidence, and permissible adverse inferences; that conduct involved dishonesty sufficient to justify dismissal for just cause and excuse; the High Court erred in substituting its view on credibility and proportionality.

Citation
W-01(A)-170-03/2020 (Mahkamah Rayuan)
Parties
Appellant/employer: Telekom Research And Development Sdn. Bhd.; Respondent/former Employee/applicant: Ahmad Farid bin Abdul Rahman
Court
A
Jurisdiction
Malaysia
Judgment Date
12 July 2021
Case Number
W-01(A)-170-03/2020 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (judicial Review of Industrial Court Award) / Court of Appeal Judgment (appeal Allowed)
Outcome
Appeal allowed; High Court decision dated 06.03.2020 set aside; Industrial Court Award dated 31.05.2019 reinstated; costs awarded to Appellant.
Legal Topics
Unfair Dismissal, Misconduct (dishonesty), Judicial Review Grounds (illegality, Irrationality, Procedural Impropriety, Proportionality), Evaluation of Evidence, Section 20 Industrial Relations Act Reference
Source Language
Malay/English
Employment Law Administrative Law Industrial Relations Evidence Law Unfair Dismissal Misconduct (dishonesty) Judicial Review Grounds (illegality, Irrationality, Procedural Impropriety, Proportionality) Evaluation of Evidence +1 more

Case Brief

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Parties

Telekom Research And Development Sdn. Bhd.

Appellant/employer

Ahmad Farid bin Abdul Rahman

Respondent/former Employee/applicant

Procedural Posture

Civil Appeal (judicial Review of Industrial Court Award) / Court of Appeal Judgment (appeal Allowed)

Legal Issues

  1. 1 Whether the Industrial Court's finding that respondent submitted a false claim was supported by evidence
  2. 2 Whether the High Court erred in intervening in the Industrial Court's factual findings
  3. 3 Whether the respondent's conduct amounted to just cause or excuse for dismissal

Ratio Decidendi

The Court of Appeal reinstated the Industrial Court award because the Industrial Court's factual findings that the respondent knowingly submitted a false claim were supported by admissions, documentary and system evidence, and permissible adverse inferences; that conduct involved dishonesty sufficient to justify dismissal for just cause and excuse; the High Court erred in substituting its view on credibility and proportionality.

Court Disposition

Appeal allowed; High Court decision dated 06.03.2020 set aside; Industrial Court Award dated 31.05.2019 reinstated; costs awarded to Appellant.

Orders

  • Set aside High Court order dated 06.03.2020
  • Reinstate Industrial Court Award No. 1642/2019 dated 31.05.2019