- 该名保安和他决定在有关地点埋伏。 很快的他们发现有人在该处拉出麻袋。
- 小偷被发现后立刻丢下麻袋并逃上车。 保安人员迅速将摩托车开到该辆汽车旁，并注意到车上有第二个人; 他认出其中一人是公司的主管。 保安人员记下汽车的车牌号码。
- 在工业法庭上，该保安人员表示非常确定主管参与了该盗窃案。 甚至当公司发出show cause letter 给有关主管后，保安人员随即遭到袭击并住院。
- 主管否认他有参与上述的企图偷窃案。他表示本身有一个不在场证明。他当初和他的家人在一 起。他的姐姐和姐夫也有出庭作证。
Unsuccessful Attempt at Theft of Company Products
- A security guard in a company received an anonymous telephone call telling him that there would be a stealing of the Company’s products on that same night through the back of the factory.
- He and his superior decided to set up an ambush at the Security Point at the back. He hid where he could not be seen and soon observed someone dragging sacks from out of the monsoon drain outside the compound, he shouted at the thief.
- The thief fled to a car parked close by. The security guard quickly drove his motorbike close to the parked car and noted a second person in the car; someone he recognised as one of the company supervisors. Although the car was driven off, the guard was able to note the registration number plate.
- The sacks which had been abandoned were found to contain large number of toy cars manufactured by the Company.
- The Supervisor was dismissed and he filed a claim for reinstatement.
- At the Industrial Court, the guard was 100% sure that the Supervisor involved in the attempted theft. Immediately after a show cause letter was issued to the Supervisor, the security guard was assaulted and hospitalised.
- The Supervisor denied that he was in any way responsible for the attempted theft and he stated that he had an alibi in that he was with his family members in Kedah. His sister and brother-in-law were called to Court to give evidence to this effect.
- The Court said, “…both witnesses appeared to try too hard to be convincing and in the process came across as less than truthful. In particular, CLW 3 (the sister) became quite upset and broke down into tears quite unnecessarily when cross-examined on aspects of her testimony and kept glancing imploringly at the Claimant who was sitting in the public gallery. The impression that was created in my mind by this action was that she was very uncomfortable with the entire situation and perhaps regretted having gone into the witness box in the first place. This reinforced my distinct impression that what was stated by the Claimant and his witnesses with regard to the alibi was somewhat less than the truth of the matter.”
- A careful scrutiny of the evidence by the Industrial Court led to the conclusion that the supervisor was guilty of the charge against him which was serious and justified dismissal.
Abdul Hamid Abu Bakar v. Mattel (Malaysia) Sdn Bhd  2 LNS 1311
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