- vs -
National Union of Commercial Workers
|Coram |29 DECEMBER 1990 | |ABDUL HAMID OMAR LP | | |CT GUNN SCJ | | |JEMURI SERJAN SCJ | |
Jemuri Serjan SCJ
(delivering the judgment of the court)
1. Tang Seng Khow joined Harpers Trading (M) Sdn Bhd, the appellant company, as a Grade 3 clerk on or about 5 January 1956. He was promoted as Grade 1 clerk with effect from 15 October 1976 and at the time of his dismissal he was earning $1,170 per month with $40 per month as cost of living allowance thus making a total of all-in salary of $1,210 per month. He had been performing his duties of a payroll clerk and was in charge of preparation and payment of non-executive staff salaries and related matters, administration of car loans and the preparation of Kuala Lumpur bank reconciliation and issuing of cheques.
2. The company by a letter dated 17 December 1985, addressed to Tang Seng Khow preferred six charges against him and suspended him from duty on half pay from 17 to 26 December 1985. The suspension was subsequently extended to 31 December 1985. By the same letter Tang Seng Khow was required to attend a domestic inquiry on 23 December 1985. The six charges are as follows:
|Charge 1: | |That you failed to submit the SOCSO returns (Borang 8A/B) as and when due in respect of our | |employees in the following branches of the company: | | | |Branches | |Period involved | | | |(a) | |(b) | |(c) | |(d) | |(e) | |(f) | |Kuantan | |Kota Bharu | |Johore Bahru | |Penang | |Malacca | |Ipoh | |Since May 1984 | |Since May 1985 | |Since May 1983 | |Since September 1982 | |Since November 1978 | |Since November 1979...