- 一名银行职员早上到她的银行打卡以后就到诊所看医生。医生给了她一张病假单，注明此职员因为身体不舒服， 不适于工作，应当在家休息。
- 在法庭的审讯中，医生并没有解说此职员身体状况不舒服的理由。 医生作证: “我觉得她不舒服……” “我认为她看起来不合适做工……”。法院指出，任何专家都必须解释他当时为何会有如此的专业意见 (解释医生做了什么检查而结论病人不舒服，什么症状，因而发病假单)。
- 工业法庭还指出，此银行职员本年度的年假已经用尽了她也曾申请无薪假期，但遭到拒绝。她也告诉其他同事她将在Hari Raya 休病假。
- A bank clerk came to the bank where she worked and later went to clinic to see a doctor where she was given a medical certificate stating that she was unfit to work and should rest at home.
- Nonetheless, at about 1.30 pm on the same day, the bank clerk was seen by two officers of her bank in a shopping complex carrying a few bags.
- The bank viewed her subsequent conduct despite taking medical leave as tantamount to malingering resulting in the bank issuing the bank clerk a show cause letter.
- After a domestic inquiry, the bank found her guilty of misconduct and dismissed her.
- The clerk admitted that she was at the shopping complex but said that she was waiting for her husband who was having meeting there.
- At the Court hearing, the doctor did not give reasons for finding the clerk not well. He testified that; “I told him (the bank officer investigating the matter) that I felt that she was not well…” “In my opinion she looked unfit…” To this, the Court pointed out that like any expert witness, he must give reasons for his opinion. Hence, the Court preferred not to give any value to the doctor’s evidence.
- The Court also noted that the clerk had exhausted all her annual leave for the current year. She had applied for unpaid leave but this had been rejected and that she had told other employees that she was going to take medical leave for Hari Raya.
- The Industrial Court found that the dismissal of the clerk was based on just cause or excuse for the misconduct of malingering.
- Employee Misconduct, CLJ Publication
- AmBank Berhad v. Rasidah Othman  4 ILR 656
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