- 雇主因留意到该主管在值夜班时表现不好，指示经理暗中进行调查。经理在调查后写了一份报告，他说在某天凌晨时巡了工厂车间，发现八名员工包括主管坐在地上赌博。 当他们意识到经理在监视他们时，迅速抓起地板上的大部分现金和卡片，然后爬起来。
- 主管在回复show cause letter中辩解道，他当时有提醒其他人在公司赌博是不被允许的。不过他的解释不被公司所接受，最终被解雇。
Supervisor Gambling with His Subordinates During Working Hours
- A Shift Supervisor responsible for the night shift was dismissed for gambling during working hours.
- His employer had noted that performance was poor on the night shift and instructed a manager to investigate.
- The investigator wrote a report in which he stated that he visited the factory floor at about 1.15am and saw eight workers sitting on the floor gambling. When they realised he was watching them, they quickly grabbed most of the cash on the floor and scrambled to their feet.
- The investigator managed to seize the cards which they had been using and about two ringgit in cash. He was able to record the names of the eight workers.
- The workers were suspended and issued show cause letters. In his reply, the Supervisor stated “that he did see some employees gambling and that he had advised them that gambling will not be allowed on the Company’s premises in the future and that action will be taken.”
- After his dismissal, the Supervisor made a claim for reinstatement in Industrial Court.
- The Court noted that the explanation given by the claimant in the reply to the show cause letter was rather weak. He did not specifically deny that he was found gambling.
- Furthermore, one of the workers caught gambling gave evidence at Court that he had been invited to join in the game by the Supervisor and that he was the “banker”.
- The Court upheld the dismissal of the Supervisor.
- Employee Misconduct, CLJ Publication
- Zainudin Md Ali v. Paling Industries Sdn Bhd  1 ILR 124
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