- 一名主管因一件意图欺骗公积金的事件被公司解雇。
- 人力资源经理接到公积金局打来的电话。公积金局要确认他是否写过一封信给公积金，确认他是否是信的作者。由于经理不记得他是否写过此信，所以要求此信的副本以便确认。当经理收到副本后，发现员工冒签他的签名。
- 那封呈上公积金局的信，是确认公司不会支付某种医疗费（买假肢）给主管。公积金局订下的规矩就是，如果会员想申请提出公积金来支付医疗费，他必须证明雇主没有给予此费用。
- 经过内部调查，主管承认信是他写的。但是他解释说，由于他的脚非常疼痛，所以他非常需要另一支假肢。但是，公司已经支付他RM200,00万的医疗费作为他残障后的补偿。在主管伪造公司的书信的同一年, 公司还支了付他RM114,000作为买假肢的费用。
- 主管声称公积金是他的，他可以任意使用，因此他伪造公司的书信是没有对公司造成任何伤害。此外，他说那20万是保险公司给予的补偿而不是来自公司。
- 在公司的内部调查，公司决定主管的确犯下不诚实的行为，行为不符合公司的价值观，并且违反了公司的道德守则。主管结果被公司解雇了。
- 之前，主管曾经跟公积金局申请提钱作为医疗用途。公司以按照公积金局的要求，写信给公积金局，确认公司已经支付了主管的医疗费。由于公司已经支付了医疗费，公积金局也就拒绝了主管的申请。
- 在法庭，主管狡辩说，他已经为公司服务了26年，因此不应被解雇。但是，法院指出伪造公司文件是一个严重的罪行，理应被解雇。
- 公司解雇员工是合理的。
- A Supervisor in a company was dismissed after an incident involving the Employees Provident Fund (EPF).
- The HR Manager received a telephone call from EPF regarding a letter he had sent to EPF and asking him to confirm whether he was the author. The HR Manager could not remember writing the letter so he asked for a copy of the letter in order to check before he made any confirmation. When it arrived, the HR Manager discovered that it had been signed by his staff.
- The letter to the EPF confirmed that the company was not prepared to pay for certain medical costs (to buy a prosthetic leg) for the Supervisor. It was a requirement of the EPF that in order for a member to withdraw money from his account for medical costs, he must show proof that the employer was not paying for the same equipment.
- An investigation was carried out and the Supervisor admitted that he wrote the letter but explained that he was desperately in need of another prosthetic leg as he was in great pain. Yet, the Company had given him RM200,000 for medical expenses caused by his disability and earlier in the same year as the letter was written had arranged for him to receive RM14,000 for a set of prosthetic legs.
- The Supervisor claimed that the EPF money was his, he could do whatever he pleased with it and he had done no harm to the Company by writing the letter. Further, he said that the RM200,000 received was from the insurance policy provided under his terms and conditions of employment and the money was not from the employer.
- In domestic inquiry, the Company found him guilty of a dishonest practice which did not comply with the values of the Company and was in breach of the Company Code of Ethics. He was then dismissed.
- Previously, the Supervisor had applied to EPF to withdraw some money for medical purposes, and the Company had written to the EPF as required but they had stated that they were payıng for his medical expenses. Due to the Company had made payment, EPF rejected his application.
- In Court, the Supervisor argued that he did not deserve to be dismissed considering his long service with the company of 26 years. However, the Court noted that falsifying company documents was a serious offence justifying dismissal.
- The dismissal was upheld.
Source:
- Employee Misconduct, CLJ Publication
- Adnan Ahmad Rasedi v. Petroliam Nasional Bhd (Petronas) Industrial Court Award No.2033 of 2019
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