Prasarana Malaysia Berhad vs Ahmad Nazmi Bin Ab Talib UP

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Award No: 1593/2023

Company: Prasarana Malaysia Berhad

Claimant: Ahmad Nazmi Bin Ab Talib

Case

En. Muhamad Sharulnizam Bin Mohd Roni from our Industrial Relations Department successfully defended our member company, Prasarana Malaysia Berhad in an Unfair Dismissal claim brought by its former Chief Digital Officer (CDO) pursuant to Section 20 of the Industrial Relations Act 1967 (“IRA”) at Kuala Lumpur Industrial Court.

Brief Facts:-

The former CDO of Prasarana was terminated with immediate effect on 19.4.2019 as he was found guilty of 4 charges of misconduct:

  1. Failure to declare that he has been adjudicated a bankrupt prior to joining the company which resulted in serious pecuniary embarrassment;
  2. Abuse the benefit of the driver provided by the company by instructing the driver to carry out activities outside normal scope of responsibilities;
  3. Having conflict of interest with his role in the company when he did not declare that he is holding directorship/shareholdership in several businesses; and
  4. Tarnished the company's image by getting intoxicated at an event.
 
Dissatisfied with the company's decision to terminate him from service, the former CDO filed an unfair dismissal claim at the Industrial Court to seek for reinstatement (or compensation in lieu of reinstatement) and backwages, and further to challenge that the dismissal was without just cause or excuse.

Held

The KL Industrial Court Chairman, YA Tuan Syed Noh Said Nazir @ Syed Nadzir in his Award, was satisfied that the company had carried out a comprehensive Domestic Inquiry (DI) hence it was not tainted in mala fide. He found the DI valid and as such admissible as evidence.

Having perused the evidence in its totality, the Chairman found that the former CDO of Prasarana guilty of charges 1, 2 and 3. Whereas, for charge 4, though he may be lacking morality, the Court was of the view that he was not guilty.
 
On the issue of proportionality of punishment, the Court found the CDO had conducted himself in a way inconsistent with the faithful discharge of his duty in the service, hence it was a misconduct which justified immediate dismissal. Further, the Court was also of the view that the former CDO has abused responsibility bestowed upon him to undertake his duties with care, prudence and diligence, and his actions had completely eroded and shattered the trust and confidence reposed upon him by the company.
 
The Court found the punishment of dismissal against the Claimant was proportionate to the nature and gravity of the misconduct committed. Hence, the Claimant’s claim is dismissed.
 
For full Award, please click HERE (Members Login Required)
 
MEF Consultant-in-Charge: En. Muhamad Sharulnizam Bin Mohd Roni
 
For more insight on Industrial Relations, please contact any of our IR Consultants