- 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。
Employee Demanding Kickbacks from Supplier
- 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.
- 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.
- 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.”
- 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.
- 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.
- 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.
- 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.”
- Hence, the Court found that the Engineer had been dismissed
with just cause and excuse.
- Employee Misconduct CLJ PUBLICATION
- Sivam Atamalingam v Seblumberger Seismkic Manufacturing Sdn Bhd Industrial Court Award No 187 of 2009
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