- 此员工声称他生病了。 他提供了来自两个不同诊所的病假单，一份是缺席的第一天，另一份是缺席的第三天。
- A Machine Operator was dismissed after 15 years of service on the grounds of breach of contract. The Operator then filed a claim in Industrial Court.
- The employer alleged that he had been absent from work for more than 2 consecutive working days without permission or good reason.
- The Operator’s had no problem of lateness and absence until last 2 years prior to the dismissal. Warning letters had been issued. This includes a Final Warning issued in the same month on his 2 days absentee which then led to his dismissal.
- The Operator claimed that he had been ill. He offered two medical certificates (MCs) from two different clinics, one for the first day of absence and one for the third day.
- The HR Manager claimed no knowledge of these MCs.
- The Operator also testified that he had telephoned his immediate supervisor to inform him that he would be absent, as required by the company practice. However, the Operator failed to call the supervisor as a witness to prove that he had informed him of his absence.
- The Industrial Court said, “As modern modes of telecommunications such as handphones and e-mails are easily accessible and widely used, there is no excuse for the Operator at not being able to inform the company of his absence from work due to illness or other exigencies as soon as possible, and in any case within 48 hours from the commencement of his leave.”
- Industrial Court upheld the dismissal of the Operator.
- Employee Misconduct, CLJ Publication
- Saravanan Tanimalai v. A W Faber-Castell (M) Sdn Bhd  3 ILR 384
Employment Act 1955
15.When contract is deemed to be broken by employer and employee
(1) An employer shall be deemed to have broken his contract of service with the employee if he fails to pay wages in accordance with Part III.
(2) An employee shall be deemed to have broken his contract of service with the employer if he has been continuously absent from work for more than two consecutive working days without prior leave from his employer, unless he has a reasonable excuse for such absence and has informed or attempted to inform his employer of such excuse prior to or at the earliest opportunity during such absence.
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