- 然而工业法庭拒绝接受公司对该经理涉及性骚扰的指控。这是因为尽管法庭之前已指示有关的受害者出席作证， 但她并没有出席法庭的听证会。另外，法庭也发现她并没有针对性骚扰的事项向警方报案。因此有关指控无法成立。
- 法庭表示使用粗言秽语是严重的不当行为。当员工对同事使用粗俗和下流的语言时，这可能导致他被解雇。Bakti Comintel Manufacturing Sdn. Bhd. v. Ibrahim Abdullah  3 ILR 358
Using Vulgar Language on Subordinates
- A General Manager of a large five star hotel cum resort was dismissed after six months service having been found guilty of four charges including sexual harassment, bullying and intimidating heads of departments, lack of guidance and supervision of his team and lack of understanding of the financial details relevant to managing the hotel.
- The charge relating to bullying staff read: “That you had during the course of employment acted unprofessionally during the morning briefings with all Heads of Department by using inappropriate and vulgar profanities on your subordinates details of which are as follows:
- On 16 November 2012 during the briefing from 9am-11am had uttered vulgar words to the Department Head F&B Manager and had blamed him for the 107 missing cans of Carlsberg.
- On 20 December 2012 during the briefing from 9am-12pm had mumbled vulgar words to the Managers who were not around during the weekend and had withdrawn the benefit of “Alternate Saturday Off” which had been a practice of the Hotel. This decision had caused the admin staff to be unhappy.
- On 27 November 2012 during the briefing from 9am-12pm had uttered vulgar words to the Department Heads when referring to the food poisoning case which caused an Associate to faint.”
- The Industrial Court refused to accept that the employee was guilty of a charge relating to sexual harassment as the victim had not attended the Court hearing, even though an order had been issued by the Court ordering her to give evidence. She had also not attended the domestic inquiry held prior to the dismissal of the General Manager.
- The Court noted that she had also not made a police report. Hence, without her evidence, the charge could not be sustained.
- During the Court hearing, the manager admitted to using four-letter words during meetings with his departmental heads. The Court quoted a number of previous cases whereby using vulgar and profane language was considered a serious misconduct.
- The Court also found the manager to be guilty of poor management justifying his dismissal. The dismissal of the General Manager was upheld by the Court.
- Employee Misconduct, CLJ Publication
- Chew Chor Eng v. Golden Palm Tree Resort & SPA Sdn Bhd  1 ILR 140
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