- 公司指这群员工在未经公司同意下停止工作(罢工) ，以此强迫公司撤回让En Mohd Shata停职的决定，导致公司的生产线面临损失。
- 尽管上司多次致电指示他们返回工作场所，他们完全无视有关的指示。参与此从而参与非法罢工 被公司以纪律处分处理。
- 法院裁定，当中 13 名工人的解雇是合理的。
- A group of workers were dismissed on the following charges:
- “That you stopped and or ceased work without prior authorisation at 10.10 am and forcibly entered the Meeting Room with other workers led by En Mat Zuki Samah to coerce the Company to retract En Mohd Shata’s suspension from work with immediate effect thereby participating in an illegal strike and interfering with the function of management on matters related to the disciplining of its workers; and
- That you willfully participated in an illegal strike from 10.10 am up till 3.00 pm, with a view to coercing the Company to retract Mohd Shata’s suspension letter resulting in production loss of 55 metric tons of pipes valued at RM126,500, notwithstanding repeated calls by your superiors to return to the workplace thereby acting in complete defiance to their lawful and reasonable instructions.”
- In other words, the workers were dismissed after being found guilty of supporting a colleague who had been suspended (and later dismissed) for insubordination when he refused to carry out an instruction given to him by his superior.
- The Industrial Court asked the question whether a strike had taken place and if it had, was it an illegal strike? The answer to both questions was in the affirmative.
- Although the workers had not planned a strike, the effect of their refusing to leave the meeting room and return to their work-stations was that work came to a standstill as their co-workers could not continue working without them, as they were interdependent.
- The Court found that 13 of the workers had been properly dismissed, while three others were without just cause or excuse.
- Employee Misconduct CLJ PUBLICATION
- Mohd Nor Ismail & Ors and Able Steel Pipes Sdn Bhd  2 LNS 0509 and Subramaniam Muthuveeran & Ors v. Mahkamah Perusahaan Malaysia  1 LNS 47
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