- 员工通过电子邮件将机密文件(教学大纲及课程的教学方法) 发送给公司的竞争对手：另一所私立大学的一名教授。
- 此外，她还被指无法完成每周规定的教学时数。公司随后将她被职，并发show cause letter 给她要求解释。
- 在Domestic Inquiry （DI）的过程中，公司认定她所有不当行为的罪名皆成立，并于同日向她发出解雇信。
Employee E-mails Confidential Documents to Rival Company
- A Professor at a private university was charged with having e-mailed documents containing syllabus and teaching methods of its medical degree programme to a third party without permission. She was also charged with not having completed the agreed number of teaching hours per week in the first three months of 2013. A third charge was added whereby it was alleged that on four occasions in January 2013, she had requested other individuals to take her classes.
- She was suspended from work and a show cause letter was issued.
- In the domestic inquiry (DI) was held, the DI panel found her guilty of all the charges.On the same day, a letter of termination was issued to her.
- She filed her claim in Industrial Court and claimed that she had been constructively dismissed.
- At the Industrial Court, the Professor explained that the e-mailing of the syllabus and other information to a third party came about when her son, who was a student in her University, was requesting to be moved from her University to SEGI University. According to her, this move required the permission of the Malaysian Medical Council (MMC) which was empowered to grant a credit transfer where appropriate. However, the MMC guidelines states that it was the student’s current university that was supposed to send the required information to the university to which he hoped to transfer. The Professor was sending the information without the authority to send the documents on behalf of the University.
- The Court noted that “The disclosure of confidential information goes to the very root of this dismissal. If the claimant had requested for permission from the Company to give the required documents to SEGI University or asked for her University to transmit the confidential documents to SEGI University, probably there would not have been this claim as the company/University would have been aware of such request.
- Clause 15.2 of her Employment Contract provides that any disclosure of secret or confidential matter relating to the Employer or its business could be made in the proper performance of the employee’s duties or with the prior written consent of the Employer.
- The Court further pointed out that the Professor had not asked for permission to e-mail the University’s confidential documents to a third party.
- The Court found that the Professor had not been constructively dismissed.
- Employee Misconduct, CLJ Publication
- Normalina Mansor v. MSU Holdings Sdn Bhd  3 ILR 183
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