A push and not a punch...
Yesterday I appeared in the Ipoh High Court before the learned High Court Judicial Commissioner Tuan Su Tiang Joo. I was representing a workman who had been dismissed by his employer. (The interesting thing about this case was that the employer’s name, Setia Awan was almost similar to that of my hometown, Sitiawan. And for the first time I represented a workman from my hometown.)
My client had been dismissed for attacking a fellow employee in the presence of his superior. His case was referred to the Industrial Court. The Industrial Court had held that the dismissal was without just cause and excuse for the following reasons:
(i) my client had only pushed his fellow colleague (“X”) but did not punch or strangle X or cause X to fall down;
(ii) the altercation between my client and X transpired as a result of provocation by X; and
(iii) although my client’s superior was present at the time, the immediate superior failed to intercede or step in to stop the altercation escalating to a scuffle.
Having said that, the Industrial Court further went on to find that my client had contributed to the dismissal (contributory conduct) and deducted 30% from the backwages awarded.
The Company filed a judicial review application to quash the said Industrial Court Award. After reading written submissions and hearing oral submissions, Justice Su found that the Company’s application was riddled with breaches of the Rules of Court. He further found that there were no merits to the Company’s application and agreed with the finding by the Industrial Court.
The moral of the story – employers should not be quick in dismissing an employee for misconduct without looking into the full circumstances which led to the misconduct. Sometimes a lesser punishment could serve better as a lesson to the workforce. Good industrial practice in managing disciplinary issues ultimately can lead to less litigation.
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