Judge Noorin Badaruddin said the award to Cheah Aei Ling was irrational as it was tainted with errors of law and facts.

“The Industrial Court has omitted to take into account relevant considerations,” she said in her judgment allowing a judicial review by HKS Infra & Earthwork Sdn Bhd.

Noorin said contributory misconduct could not be determined only after the Industrial Court had decided on whether the dismissal was with just cause and excuse.

The judge said in the present case, after acknowledging Cheah had committed “70% misconduct” leading to her dismissal, the Industrial Court had held that the dismissal was without just cause and excuse.

“Here lies the irrationality of the award because it can only be understood that the more an employee contributed to her dismissal, the more it would be unjust to dismiss her,” she said.

Noorin said Cheah’s dismissal was proportionate to her “70% contributory misconduct”.

The judge said it was also irrational for the Industrial Court to make a finding that the employer had failed to prove on the balance of probabilities that the dismissal was unjust.

Noorin also said there was no evidence that the company had condoned Cheah’s misconduct.

The company had dismissed Cheah from employment with effect from Jan 31, 2019, and two years ago the Industrial Court awarded RM104,400 to the claimant after deducting RM75,600 for “contributing to the misconduct”.