An officer from MAB Kargo Sdn Bhd was kicked from his position after he was caught misusing his sick leave by getting involved in various activities instead of resting.
Although he tried to appeal against his dismissal, the Industrial Court upheld the company’s decision to let him go, reported NST.
Was caught playing sepak takraw & cutting trees while on MC
According to a 56-page judgment by the court, the claimant, Che Zamberi Che Ani worked at the company for six years from 2015 to 2021 as an acceptance officer.
On May 22, 2021, Che Zamberi was left severely injured due to a road accident, which saw him being hospitalised and given prolonged medical leave with full pay from May 22, 2021 to Sept 21, 2021.
However, the company’s management later found out through several photos taken on July 24, 2021 and videos from July 25 and Sept 6, 2021 that he had climbed a tree, used a chainsaw to cut trees, and played sepak takraw.
As such, Che Zamberi was dismissed from his job for showing a lack of commitment to his duties and for violating company policies.
Called dismissal “too harsh”
However, Che Zamberi wasn’t satisfied with his dismissal, which he felt was too harsh and added this was the first time he had been accused of misconduct throughout his six years of working for the company.
Although he tried to appeal against the decision, Industrial Court president Zulhelmy Hasan ruled in favour of the company, saying Che Zamberi had abused his sick leave.
It was clearly demonstrated by the company, on the balance of probabilities, that the claimant breached the trust and confidence placed in him by abusing his prolonged medical leave, which is a serious misconduct justifying dismissal.
“This court has no hesitation to order that the claimant’s case be hereby dismissed,” he said.
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