Employee Involved in Other Business During Working Hours
- An Assistant General Manager was responsible to bring in new business for the Company and increase the circulation of the newspaper published by the Company.
- Four years after her initial employment, an article appeared in a national English medium newspaper about her activities in a company promoting green concepts. An investigation further revealed that in the previous three years, there had been several other articles, including photographs, of the General Manager explaining green technology and the role of this company in encouraging the use of this technology.
- A show cause letter was issued to the Assistant General Manager by her employer. She admitted to her involvement in the green technology company, apologised and reminded her employer that she had declared her interest in the Company.
- A domestic inquiry was held to hear the charge against her. She was found guilty and dismissed.
- The declaration of interest that the Manager had made in the green-tech company was not complete. She was both a Director and a shareholder in two related companies promoting green technology. The newspaper articles also made statements which showed that she was actively participating in this commercial business for which she held the position as Head of Marketing and Communications.
- The Court found that “The claimant, in actively participating in companies owned by her and marketing products for gain had acted contrary to the Company’s interest. The said conduct of the claimant was clearly an act inconsistent with the interest of the Company and in breach of her fiduciary relationship.”
- The Manager’s dismissal was upheld.
- Employee Misconduct, CLJ Publication
Nik Suzila Nik Hassan v. TMR Media Sdn Bhd (Formerly Known As Syed Hussain Publications Sdn Bhd)  2 LNS 2636
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