- A Senior Safety Officer who was in his probationary period was terminated. He claimed dismissal without cause or excuse and filed his case in the Industrial Court.
- The Court noted that there appeared to be a conflict of interest between the implied duty of an employee to give loyal and faithful service to his employer, and the requirements laid down in the Occupational Safety and Health Act whereby a safety officer is responsible to ensure work is carried out in a safe manner.
- There was a meeting with the management, the Officer brought up the issue of unsafe usage of cranes on the Company’s client’s (Petronas) work site. When nothing was done to rectify the problem, the Safety Officer wrote to the Department of Occupational Safety and Health (DOSH) on the matter, with a copy to Petronas and the Minister of Human Resources. Subsequently, a DOSH officer made an inspection of the site but no further action taken by DOSH.
- The evidence showed that the Safety Officer was dismissed after Petronas complained about his action of writing to DOSH. In Court, a director of the Company was asked whether the Safety Officer’s misconduct was serious enough to warrant dismissal. His answer was, “Personally, I don’t think it is serious. It can be settled, but the pressure from the client that why I extended his probation. We were told by Petronas he has to go.”
- Even if the implied term in a contract of employment (i.e. employee should be loyal to the employer) clashed with the requirements of the law, employee has the duty to ensure the employer is in compliance with the requirement of law.
- Occupational Safety and Health Act states, “No employer shall dismiss an employee, injure him in his employment, or alter his position to his detriment by reason only that the employee: (a) makes a complaint about a matter which he considers is not safe or is a risk to health.”
- The Industrial Court found that the Safety Officer’s dismissal was without just cause or excuse and ordered the employer to pay compensation.
Azizan Yahya Iwn. L&T – ECC Construction (M) Sdn Bhd  4 ILR 596
*加入 我们的“法律与你同行”FB 群组: http://bit.ly/fblawnjustice
*Like 我们的“法律与你同行” FB Page: http://bit.ly/lawnjusticefbpage
*Wilson Kuek是“法律与你同行 Law & Justice”面子书群组的创办人。“法律与你同行”是马来西亚最大的法律平台。我们为无数的平民百姓免费解除了各类的法律困扰。
*Kuek, Ong & Associates. Advocates & Solicitors. No.86-1, Jalan Mahagoni 1, Bandar Botanic, 41200 Klang, Selangor Darul Ehsan. Klang Lawyer. 巴生(吧生)律师楼。
*We have more than 15 years of experience in the legal profession. We handle matters such as commercial disputes, civil litigation, debt recovery, probate & letter of administration, will, divorce, children custody, maintenance/alimony, adoption, distribution of matrimonial assets, drafting commercial agreement, drafting sale and purchase agreement, process loan documentations, legal consultation, legal advisory, miscellaneous legal works.
#马来西亚华人律师 #Chinese Lawyer in Malaysia #Malaysia Lawyer #巴生律师 #吧生律师 #Klang Lawyer #KL律师 #吉隆坡律师 #KL Lawyer #懂华文的律师 #民事诉讼律师
#Kuek, Ong & Associates #Kuek Ong & Associates #Kuek Ong Associates