员工私下要求供应商回扣

1. 一名试用期一个在试用期届满前，被公司终止服务。他到工业法庭提出诉求。
2. 公司在法庭上指出，该员工加入公司大约三个月后，有供应商投诉他一直要求供应商提供至少 10% 的佣金或“回扣”。供应商之后以书面形式向公司做出举报。
3. 公司强调他们已经制定了完善的制反贪污度让有员工遵守。公司在每一位新员工上任时，都清楚的让他们知道以上的准则。公司也曾告知所有员工，公司非常注重价值观。因此员工向供应商收取回扣的行为已经抵触公司的准则。
4. 工业法庭认同公司的说法，因此驳回了员工的申请。工业法庭认为员工的解雇是合理的。
5. 其实在商业机构需拟反贪蓝图的文章中，笔者也有提在《反贪会法令》第17A条文中，若雇员涉贪，而有关商业机构可被推定为犯罪。因此公司必须制定完善的反贪程序和举报管道，积极的在企业内部灌输反贪的价值观。因此公司在面对贪污事项上需要非常的小心处理。

*详细的案情和判决，请阅读以下的英文版的文章。

Employee Demanding Kickbacks from Supplier

1. A probationer, employed as a Quality Engineer, had his services terminated before his probationary period had finished on the grounds that his performance did not meet the standards required by the Company.  He claimed reinstatement and his claim was heard at the Industrial Court.
2. The Court heard evidence from a Director of the Company who said, “The Company had in place several sets of rules and regulations that all employees in the Company were obliged to follow.
3. These were the ‘Patent and Confidential Information Agreement’; the “Business Conduct Statement’; the “Company’s Code of Ethics”; and the ‘Software Duplication Policy’. These documents were always brought to the attention of all new employees soon after appointment; and in the case of the claimant, all four documents were acknowledged and executed by him.”
4. However, some three months after the Engineer joined the Company, there were complaints from a supplier alleging that he had been demanding commissions or “kick-backs” from their suppliers of at least 10% of the contract price. The suppliers stated in writing to the Company that no payment was actually made as they believed in doing business in an ethical manner.
5. The Industrial Court was persuaded that the Company’s “… mission statement; and more particularly its ethics policy contained therein; was intended to instill a ‘values based’ culture in which its employees could be trusted to do the right thing because they knew what the Company stands for.
6. Succinctly, the intent was to build and sustain an insightful and ethical organizational and corporate culture to reflect, that the way the Company conducts its business, matters as much as what they do and how they do it, i.e. it is not only the end result that matters but also the integrity
   of the route taken to get there.
7. Everyone in the Company was to be guided by that set of core values and principles; which were
   meant to inspire every employee to align around the Company’s mission; a company that was a component subsidiary of a reputable international conglomerate.”
8. Hence, the Court found that the Engineer had been dismissed
   with just cause and excuse.

Source:

1. Employee Misconduct CLJ PUBLICATION
2. Sivam Atamalingam v Seblumberger Seismkic Manufacturing Sdn Bhd Industrial Court Award No 187 of 2009

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