- 四名员工以被公司逼迫辞职为由，在工业法庭要求复职。 雇主声称他们因在公司被发现喝酒被解雇。员工在法庭否认公司对他们喝酒的指控。
- 员工表示在事发当晚他们被叫到公司的人力资源部，公司当场逼迫他们辞职。 辞职信由人力资源 (HR) 主管准备。
- 在法庭上，人力资源主管提供证据表明，当工人被要求解释他们在公司喝酒的行为时，他们承认了这指控。他也告知员工们这种行为是不能被公司容忍，会导致被解雇。 员工进一步被告知，如果他们同意自己辞职，可能会更好。
- 至于员工否认在公司喝酒的指控，然而有目击者目睹了他们在公司醉酒。法庭表示无容置疑员工们的确是有在公司醉酒；如果员工没有饮酒，他们应该准备好面对后果并在Domestic Inquiry 时为自己辩护。
Drunk at the Workplace
- Four employees claimed reinstatement in Industrial Court on the grounds that they were forced to resign. It had been alleged by the employer that they had consumed alcohol in the Company premises and had engaged in unruly behaviour, which they at first denied.
- According to the workers, on the night of the alleged incident, they had been called to the Human Resource Office and requested to resign. The letters of resignation were prepared by the Human Resource (HR) Executive. One employee claimed that he had not wanted to sign the letter but had been threatened that if he did not sign, the HR Executive would make sure he did not get a job elsewhere.
- The HR Executive gave evidence that when the workers were called to explain their behaviour, they admitted to it and were told that such behavior could not be tolerated and it would lead to dismissal. They were further informed that it might be better if they resigned which they agreed to do so.
- There was a witness to the drunkenness of the workers. This was not an issue in dispute.
- The Court determined that the issue that must be decided was whether the workers had been forced to resign or had chosen of their own free will to do so to avoid disciplinary action being taken against them.
- The Court found that if the workers had not consumed alcohol, they should have been prepared to face the consequences and defend themselves at the domestic inquiry.
- During the Court hearing, while under cross-examination, the workers admitted that they had resigned voluntarily to avoid the stigma of being dismissed which would affect their future chances of securing employment.
- The Industrial Court found that there was no forced dismissal of the employees by the employer.
- Kannatachan Suppaiyah & Ors v. Rex Plastics (Malaysia) Sdn Bhd  2 LNS 1595
*We have more than 15 years of experience in the legal profession. We handle matters such as commercial disputes, civil litigation, debt recovery, probate & letter of administration, will, divorce, children custody, maintenance/alimony, adoption, distribution of matrimonial assets, drafting commercial agreement, drafting sale and purchase agreement, process loan documentations, legal consultation, legal advisory, miscellaneous legal works.
*Wilson Kuek是“法律与你同行 Law & Justice”面子书群组的创办人。“法律与你同行”是马来西亚最大的法律平台。我们每天为无数的平民百姓免费解除各类的法律困扰。
*加入 我们的“法律与你同行”FB 群组: http://bit.ly/fblawnjustice
*Like 我们的“法律与你同行” FB Page: http://bit.ly/lawnjusticefbpage
*Kuek, Ong & Associates. Advocates & Solicitors. No.86-1, Jalan Mahagoni 1, Bandar Botanic, 41200 Klang, Selangor Darul Ehsan. Klang Lawyer. 巴生(吧生)律师楼。#Kuek, Ong & Associates #Kuek Ong & Associates #Kuek Ong Associates #郭汪律师事务所 #郭汪律师楼
#Chinese Lawyer in Malaysia #Malaysia Lawyer #Klang Lawyer #KL Lawyer #divorce lawyer #马来西亚华人律师 #懂华文的律师 #懂华语的律师 #巴生律师 #吧生律师 #KL律师 #吉隆坡律师 #民事诉讼律师 #打官司的律师 #打离婚案的律师 #离婚律师