Mab Officer S Sacking For Playing Takraw While On Extended Mc Upheld

---

The Industrial Court held that Che Zamberi Che Ani had irreparably violated the trust and confidence reposed in him by MAB Kargo Sdn Bhd. (Facebook pic)
PETALING JAYA: MAB Kargo Sdn Bhd was entitled to sack an officer after he was caught on camera playing sepak takraw and cutting trees using heavy machinery, the Industrial Court has ruled.

Court president Zulhelmy Hasan said Che Zamberi Che Ani had abused his prolonged medical leave, adding that it was not a minor misconduct which could be tolerated by the company.
He said it is trite law that medical leave is granted to allow for the convalescence and cure of a sick employee.
“It was very clearly demonstrated by the company on the balance of probabilities that the claimant (Che Zamberi) had breached the trust and confidence reposed in him when he abused his prolonged medical leave.


“The law in this area of misconduct is clear. An abuse of medical leave, including prolonged medical leave, is a serious misconduct which justifies dismissal,” he said in an award handed down on March 5 and sighted by FMT.
Zulhelmy said Che Zamberi was fortunate to have retained his job in 2015 when Malaysia Airlines retrenched between 6,000 and 8,000 staff.
He expressed disappointment that Che Zamberi had chosen to act in a manner contrary to the trust and confidence reposed in him despite receiving his salary in full while on medical leave for four months.
Che Zamberi had worked with the company for six years from 2015 to 2021, and held the position of acceptance officer when he was dismissed.
However, Zulhelmy said no length of service could repair the damage to the shattered trust and confidence that the company had reposed in Che Zamberi.
Che Zamberi had contended that he should be allowed to take part in neighbourhood activities and cannot be confined to his house while on medical leave.
However, the court ruled that employees are not entitled to decide for themselves what they can or cannot do while on medical leave, said Zulhelmy.
Che Zamberi was involved in a motor vehicle accident on May 22, 2021 and suffered serious injuries which saw him hospitalised and granted medical leave until Sept 21 that year.
Zulhelmy said the evidence adduced in court showed that Che Zamberi had climbed a tree on July 24. He was also captured on video using a chain saw to cut down a tree and play sepak takraw on July 25 and Sept 9 that year.
Zulhelmy said the MAB disciplinary appeal committee had deliberated on all facts and circumstances surrounding the case before deciding to maintain the decision to dismiss him from the company’s employment.
As the claimant had admitted to the misconduct, any reasonable employer would have found that his actions were tantamount to serious misconduct which warranted a dismissal, said Zulhelmy. - FMT

---