Does exiting a company whatsapp group justify dismissal?: a review of Thilagavathy A/P Arunasalam V Maxis Mobile Sdn Bhd
The issue whether exiting or quitting the company’s WhatsApp group without prior permission of the superior constitutes a misconduct that warrants discipline is discussed in this article with reference to the recent Industrial Court’s award in Thilagavathy A/P Arunasalam v Maxis Mobile Sdn Bhd...
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| Format: | Article |
| Language: | English |
| Published: |
LexisNexis Malaysia Sdn Bhd
2019
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| Online Access: | http://irep.iium.edu.my/72660/ http://irep.iium.edu.my/72660/ http://irep.iium.edu.my/72660/1/72660_DOES%20EXITING%20A%20COMPANY.pdf |
| Summary: | The issue whether exiting or quitting
the company’s WhatsApp group without prior
permission of the superior constitutes a misconduct
that warrants discipline is discussed in this article
with reference to the recent Industrial Court’s award
in Thilagavathy A/P Arunasalam v Maxis Mobile Sdn
Bhd. In this case, the Industrial Court held, inter alia,
that the claimant’s action of exiting the WhatsApp
group created by the superior without his prior
permission is an act of insubordination as it violates
the express instructions of her superior. The real
issue however is whether a single act of misconduct
as above justifies dismissal? If the answer is in the
affirmative, then the issue is whether the claimant’s
act of exiting the company’s WhatsApp group was
such that ‘it goes to the root of the contractual
relation of master and servant so as to indicate
unwillingness on the part of the servant to be bound
upon his original terms of contract.’ |
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