Legal Framework - Employement Act

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Question 3(a)
You are the defending lawyer for Encik Pokok. Has the company made a correct decision in terminating Encik Pokok. Discuss. Case facts:
Encik Pokok was terminated by his company because he was absent for four consecutive days ; 23rd, 24th, 25th and 26th November 1996 without approval. Per his company procedure, every employee has to give one week’s notice and get approval from their superintendent ( in this case, Encik Bunga) prior to taking leave. The company complained that Encik Pokok’s application for leave was only received by Encik Bunga on the 26th November 1996. The leave application was not approved because it was not following the company procedure and secondly, reasonable excuse was not given. Encik Pokok was dismissed without internal inquiry done. Encik Pokok claimed that he had submitted his leave application on the 23rd November 1996. His application was pass to his friend to be given to his supervisor, Encik Daun. He assumed that his leave application was authorized. Encik Pokok said that he went to the Pejabat Kadi on the 23rd November 1996 to settle his sister in law’s case and the next two days, to celebrate their engagement. For the 26th November 1996, he claimed he went to the labour office in Temerloh with his friend. Due to fatigue, he did not go to work. He made a verbal leave application to the company through one of the company’s officers who was available at that time. Encik Pokok claimed that he was unlawfully terminated. He complained that internal inquiry had to be done prior to his termination because it violates Section 14 of the Employment Act 1955 and Item 35 of the joint agreement. Power to make awards 35. —(1) A Court shall have power in relation to a trade dispute of which it has cognizance to make an award (including an interim award) relating to all or any of the industrial matters in dispute. (1A) A Court shall not consider a dispute relating to the dismissal of an employee or make an award relating to the...
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