.Subject: Labour Law and Industrial Relation
Daud is a former employee in RidPest Sdn Bhd, a company dealing in pest control. He had been their employee for nine years and based on his record, he is an excellent and dedicated employee.
Last two weeks, his manager, Rizal received a report from one of his colleagues, Kim Loy. Daud was spotted in one of RidPest’s van, wearing his uniform at an address that is not listed as the company’s customer. Thus, Kim Loy suspected that Daud is making some ‘side income’ during company’s time, using company’s property and reported him to the company. When Rizal confronted Daud about this, Daud was unable to explain his presence at the unauthorized house.
Later that day, Daud was asked to meet Rizal and Halimah, the HR Manager of the company. After exchanging a few angry words, the company dismissed him on the spot and asked him to clear his belongings immediately. Daud is upset about what he feels in an unjust dismissal. Although Daud admits having done some pest control jobs on the side, but he claims that these jobs were always done after he has finished all his work for the day. He has never accepted part-time work without completing what the company has assigned to him. Further, the company has never state in any of their rules that employees are not allowed to do part-time work in their own time.
Based on the above scenario, answer the following questions:
Has Daud committed any misconduct by doing the part-time work? Why or why not? Explain your answer. (5 Marks)
Assuming that Daud has indeed committed a misconduct, was the company’s decision to terminate him justified and based on the correct legal procedures? Discuss. (7 Marks)