- 在一次随机检查中，公司发现有九名员工未经允许下将公司财产存放在储物柜中。公司表示这违反了公司的政策, 即员工必须事先知会公司所放置在储物柜的东西。
- 其中一名员工的储物柜中，公司发现了垫圈和软管。公司认为这些是属于在客户车辆上使用过的零件。 员工辩解说，这是约十年前他家人买的垫圈。然而员工无法出示单据以证明。员工因此被解雇。
Employee Found With Company Property in his Locker
- During a random spot check, a Company found that nine employees had stored company property in their lockers without permission from their superior officer, which was against company policy.
- In the locker of one of the employees, the Company had found a gasket and a hose which were used parts from a customer’s vehicle. The employee did not deny that the gasket and hose were in his locker. However he said that he had bought the gasket for his brother some ten years ago. The brother had gone overseas before it could be fitted to his vehicle. The receipt of purchase had been lost. He also said that the hose was in his locker with his superior’s permission.
- At Court, the Company’s witnesses were unable to produce a copy of this policy as evidence of its existence, although they tried to argue that the policy was unwritten and understood by all. The Court then stated, “Company policies must be clear for every employee to obey and follow and this is necessary to prevent a loose and flimsy policy creation at the whims and fancies of the management that will likely lead to abuse.”
- The Court also addressed the issue of a lack of a receipt for the gasket. It said, “It is such a tall order to expect the Claimant to produce receipts of things purchased more than ten years ago especially of an item that cost a mere RM13.70. It is not common for a layman to always keep record of every item purchased of acquired.”
- The Court found the dismissal to be without just cause or excuse and ordered the employer to pay compensation to the employee.
- Employee Misconduct, CLJ Publication
- RAJARATNAM A/L MARIMUTHU @ NURUTHU AND UMW TOYOTA MOTOR SDN. BHD. AWARD NO: 451 OF 2019
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