- 公司称在之前员工已经知晓公司准则(Code of Ethics )中有说明有关公司内部流程的信息均属机密, 然而法庭发现公司并没有将此准则传达给该员工, 以致该员工实际上并不晓得此准则的内容。
i. That the information must inherently possess the quality of confidence; in other words, it must not be in the public domain,
ii. That the foregoing information must have been imparted under circumstances importing an obligation of confidence,
iii. That its recipient has thereafter misused that information.
- A Manager who was responsible for the employer’s management systems was dismissed for sending confidential information to a third party through the company’s e-mail system. She filed a claim in Industrial Court.
- The Manager did not deny using the office computer to send an e-mail with a number of documents to an ex-employee of the Company. However, she said that the documents that she had sent were not confidential and that she was only asking for feedback from that ex-employee on them so that she could improve the system which system improvement was part of her duties.
- The HR manager testified that the documents sent with the e-mail were considered confidential because they were part of the Company’s processes. The Manager had not been given permission by her superior or anyone else to send the documents to a third party.
- The documents included a Flowchart for Training Needs Analysis (TNA) Identification and a Process and Flowchart for Human Resource Training Implementation. There was also a Training History Form and a Personal Training Record- Competency Assessment Form. The Human Resource Manager considered these documents were confidential and were owned by the employer.
- According to the Manager, the documents were open access to anyone in Company which it did not contain any of the Company’s confidential information. The HR Manager argued that the documents had the Company logo on them thus they were confidential. The Industrial Court was not impressed with this argument.
- The ex-employee who had received the e-mail and the documents testified that she had not misused the documents in any manner. The Court ruled that if the Manager had intended to send confidential information to an external party, she would not have used her office computer to do so.
- In the circumstances, the Manager was found to have been dismissed without just cause or excuse and the employer was ordered to compensate her.
CASE : NOR ASHIKIN BINTI MOHD. AMIN DAN HUME CEMBOARD INDUSTRIES SDN. BHD. AWARD NO. 176 TAHUN 2018
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