Employment & Labour Law

Mohamed Fithri Bin Ismail v Pelabuhan Tanjung Pelepas Sdn Bhd

Citation: Award No. 305 of 2019; Date of Judgment: 17 January 2019; Name of Court: Industrial Court; Source: Industrial Court


CASE NO: 16/4-339/18





AWARD NO. 305 OF YEAR 2019


Venue: Industrial Court of Malaysia, Johor Branch

Date of Reference: 12.12.2017.

Dates of Mention: 06.02.2018; 09.04.2018; 16.05.2018; 30.05.2018; 10.07.2018; 27.12.2018.

Dates of Hearing: 03.09.2018; 05.12.2018; 02.01.2019.


The reference under Section 20(3) of the Industrial Relations Act 1967 by the Honourable Minister of Human Resources Malaysia, is regarding the dismissal of Mohamed Fithri bin Ismail (“the Claimant”) by Pelabuhan Tanjung Pelepas Sdn. Bhd. (“the Company”) on 02.08.2017.


Brief Facts

[1] The Claimant was employed by the Company has a RTG Operator (Terminal Operator) on 04.01.2013 and was confirmed in his position on 15.04.2014.

[2] In August 2015, the Claimant was relocated to the Emergency Respond Team of the Company as an Emergency Assistant to monitor and manage the Disposal Ground Area (DG Area).

[3] On 02.08.2017, the Claimant was instructed by the Human Resource Department of the Company to meet En. Haji Zainal and En. Hairil on an alleged Police Report No. PTP 0973/17 being made on the events happened at the said DG Area on 31.07.2017.

[4] The Claimant thereafter received a termination letter by the Company on 02.08.2017 with immediate effect.

The Company's case

[5] The Company is in the sea port business that manages and operates a container terminal conducting loading and unloading of containers to or from ships for export, import and especially transhipment cargo servicing ships from abroad.

[6] On 01.08.2017, a team of auxiliary police raided the Claimant's team member, Zulfarid Bin Mohd Nor's (Zulfarid) house after receiving information from the Intelligence Unit, Auxiliary Police Pelabuhan Tanjung Pelepas (PTP) on stolen goods from a container at the DG Area.

[7] During the raid, various brands of bottles of perfume, bottles of hair shampoo and toothbrushes were found hidden under Zulfarid's bed. Due to that incident, the Company had terminated Zulfarid's employment with the Company. Zulfarid and the Claimant were working in the same team at that material time.

[8] On 01.08.2017, the Claimant had met with SM/PB Mohd Affendi at the Criminal Investigation Office, Auxiliary Police PTP and surrendered five (5) bottles of Carolina Herrera perfume (black), one (1) bottle of Carolina Herrera perfume (gold), one (1) bottle of Dior perfume (gold), one (1) bottle of Dior perfume (blue) and two (2) bottles of Dolce & Gabbana (gold) (collectively referred as “the items”).

[9] Upon investigation, both the Claimant and Zulfarid had admitted that they had used the department's vehicle, Nissan Navara with the registration number WYT 2423 to pick up the items at the DG Area and then had transferred the same to their own vehicles.

[10] The Company had contracted Syarikat Pelepas Cemerlang to dispose the goods in the DG Area and upon investigation had found out that Zulfarid and the Claimant had taken some of the goods which were to be disposed from the DG Area without permission from the customer of the Company.

[11] The Company stated that the act which the Claimant committed had jeopardise the trust that the customers have on the Company to dispose the goods on behalf of them and had also tarnished the Company's credibility.

[12] The Company having gone through the details of the facts and evidence adduced by the Auxiliary Police PTP and admission by the Claimant, the Company decided to terminate the Claimant's employment effective from 02.08.2017.

[13] The Claimant submitted an appeal letter. Nevertheless, the Company upheld the decision on the termination vide letter dated 21.08.2017.

[14] The Company called two (2) witnesses to give evidence in court, they are:

i. Mohd Affendi Bin Kasidi (COW-1) - Sarjan Mejar, Penyelia Bahagian Siasatan, Pejabat Polis Bantuan Pelabuhan Tanjung Pelepas Sdn. Bhd.

ii. Hairil Razlan Bin Hayata (COW-2) - Pengurus Kanan Sumber Manusia (Hubungan Perusahaan dan Pekerja) with the Company.

[15] Being the investigating officer of the Auxiliary Police PTP, COW-1 had given evidence that he was the officer who had recorded the Claimant's statement who had taken the items at the DG Area. He was also the officer who had seized some of the goods meant for disposal which had been taken from the DG Area from Zulfarid's house. According to COW-1, the Claimant had stated that on 31.07.2017 at around 1 pm together with Zulfarid, he had gone to the DG Area to monitor the containers and noticed workers organising the goods which were to be disposed. The Claimant had stated that Zulfarid had taken some of the goods meant for disposal and he had taken the items. The Claimant had also confessed that he had taken a total of ten (10) bottles of branded perfume being the items mentioned in para 8 hereinabove.

[16] COW-1 in his capacity as the investigating officer had in his statement stated that the Claimant's case was classified as theft. The Claimant had taken the items from the DG Area without the permission or knowledge of owner and had moved the items without the knowledge of the Customs and or the Company. COW-1's statement in the COWS-1 is as follows:

21. Q: Merujuk kepada pengalaman anda, perbuatan YM diklasifikasikan sebagai kes apa?

A: Kes jenayah iaitu mencuri. YM telah didapati mengambil barang-barang tersebut tanpa kebenaran dan pengetahuan pemilik barang dan mengeluarkan dan mengalihakan barang-barang tersebut tanpa pengetahuan pihak kastam ataupun pihak Syarikat. Setiap barang yang hendak dibawa keluar daripada pelabuhan mestilah perlu diisytiharkan dan mendapat kebenaran daripada Kastam atau Syarikat.

[17] COW-2 had given evidence that based on the recorded statement given by the Claimant to the Auxiliary Police of PTP, wherein the Claimant together with Zulfarid had admitted taking some of the goods which were meant for disposal, including the items from the DG Area, the Company did not conduct a DI.


For the Claimant: Mdm. Noor Liana binti Hashim from Messrs Kamal Hisham & Associates

For the Respondent: Mr. Najmuddin bin Hakim from Malaysian Employers Federation

Notice: The Publishers of Asean LIP acknowledge the permission granted by the relevant official/ original source for the reproduction of the above/ attached materials. You shall not reproduce the above/ attached materials in whole or in part without the prior written consent of the Publishers and/or the original/ official source. Neither the Publishers nor the official/ original source will be liable for any loss, injury, claim, liability, or damage caused directly, indirectly or incidentally to errors in or omissions from the above/ attached materials. The Publishers and the official/ original source also disclaim and exclude all liabilities in respect of anything done or omitted to be done in reliance upon the whole or any part of the above/attached materials. The access to, and the use of, Asean LIP and contents herein are subject to the Terms of Use.


Legal updates by e-mail. It's Free.


Mobile Application on Labour Market Information Launched

PUTRAJAYA, Apr 23 (Bernama) - Information on Malaysia's labour market is now available at the fingertips with the launch of a new mobile application, Labour Market Information Gateway or LMI Gateway today.

Read More


Former Lawyer Pleads not Guilty to CBT Over Client's House Sale Proceeds

KUALA LUMPUR, Apr 23 (Bernama) - A former lawyer pleaded not guilty at the Sessions Court here today to a charge of criminal breach of trust amounting to RM338,000 which was the proceeds from the sale of a house belonging to his client three years ago.

Read More


Cybersecurity Challenge should be viewed as an Opportunity - Gobind

CYBERJAYA, Apr 23 (Bernama) - A national innovation ecosystem needs to be developed to transform cybersecurity challenges towards forming new opportunities, ideas and solutions, Communications and Multimedia Minister Gobind Singh Deo said today.

Read More


Malaysia signs ASEAN Trade in Services Agreement

KUALA LUMPUR, Apr 23 (Bernama) - Malaysia has signed the ASEAN Trade in Services Agreement (ATISA) and the Fourth Protocol to Amend the ASEAN Comprehensive Investment Agreement (ACIA).

Read More


Former Lawyer charged with Criminal Breach of Trust

SEREMBAN, Apr 23 (Bernama) - A former lawyer pleaded not guilty in the Sessions Court here today to criminal breach of trust involving RM198,592.50, nine years ago.

Read More


Right to Freedom of Religion guaranteed under Federal Constitution

KOTA BELUD, Apr 21 (Bernama) - The right to freedom of religion of every Malaysian is guaranteed under the Federal Constitution, said Sabah Rural Development Minister Datuk Ewon Benedick.

Read More


Sabah and Sarawak High Court Registrar's Office to move to Kota Kinabalu

SANDAKAN, Apr 21 (Bernama) -- Minister in the Prime Minister’s Department Datuk Liew Vui Keong today confirmed that the Office of the Registrar of the Sabah and Sarawak High Court will be relocated from Kuching to Kota Kinabalu.

Read More


Government awaits Approval from Malay Rulers on New Chief Justice - Mahathir

KUALA LUMPUR, Apri 19 (Bernama) - The government is awaiting approval from the Malay Rulers for the appointment of a new Chief Justice, Prime Minister Tun Dr Mahathir Mohamad said today.

Read More


8,254 Workers Re-employed after getting Assistance from ESO

KUALA LUMPUR, Apr 16 (Bernama) - A total of 8,254 unemployed workers have been re-employed after receiving assistance from the employment service officers (ESOs) since the Re-Employment Placement Programme for Employment Insurance System (EIS) commenced in August 2018.

Read More


Two Indonesians fined RM100,000 for Possessing Illicit Cigarettes

KLANG, Apr 16 (Bernama) - Two Indonesian retail shop workers were fined RM100,000 by the Magistrate Court here today after pleading guilty to possessing 854 packs of illegal cigarettes of various brands valued at RM1,668.56.

Read More


"Go to the Mosque, get Closer to God," Judge advises Robber

IPOH, Apr 16 (Bernama) - "Go to the mosque, get closer to God, be a good person and stop taking drugs," Sessions Court judge Azman Abu Hassan told a palm oil fruit collector.

Read More


200 Lawyers gather in Kuala Lumpur for TerraLex

KUALA LUMPUR, Apr 13 (Bernama) - A total of 200 lawyers from 50 countries have gathered here for the TerraLex Global Meeting to discuss a wide variety of legal and economic issues impacting Malaysia.

Read More


Chief Justice pens Touching Farewell to Colleagues

PUTRAJAYA, Apr 13 (Bernama) - "All I ask from you is to protect the judiciary no matter what others may say," said Tan Sri Richard Malanjum in his farewell message to the judges, officers and employees of the judiciary upon his retirement yesterday.

Read More


Chief Justice Richard Malanjum retires

PUTRAJAYA, Apr 12 (Bernama) - Chief Justice Tan Sri Richard Malanjum retires today after serving 27 years in the judiciary.

Read More


Appointment of Suhakam Commissioner for Children to be announced this Month

KUALA LUMPUR, Apr 11 (Bernama) - The Legal Affairs Division in the Prime Minister's Department is expected to announce the appointment of a Suhakam (Human Rights Commission of Malaysia) commissioner for the portfolio of children this month.

Read More