Court chairman Augustine Anthony, however, deducted RM26,500, representing 35% of the RM75,000 compensation Chong Ka Ong was entitled to receive, because of her contributory misconduct.
As a result, she was awarded RM48,750.
Anthony said Chong has committed the misconduct by making a “secret” audio recording of a meeting held with her superiors to address several grievances she had.
“The misconduct committed by (Chong was) only discovered in this court during the hearing of this matter,” he said in a 64-page award released last week.
He said it was not disputed that the employer, Light Discovery Sdn Bhd, had called for the meeting on Dec 30, 2020.
Unknown to all present, Chong secretly recorded the meeting which lasted about two hours.
Anthony said Chong’s statement of case had “conveniently omitted” to plead that she had secretly recorded the meeting with her superiors.
That deprived the company the opportunity to address the secret recording adequately, he said.
“No right thinking or reasonable employer would condone or acquiesce (in the recording by) any of (its) subordinates in a clandestine manner, especially when company’s matters are being discussed,” he said.
He said there could be many reasons for this, including the need to preserve the confidentiality of information relating to the company’s corporate strategies and business planning.
Chong claimed she was constructively dismissed on Dec 31, 2020 after her employer wrongfully deducted her salary for the months of October and November 2020 and imposed a revised salary and remuneration scheme that resulted in a permanent reduction of her wages.
She also complained about the conduct of the company’s officers who had used profanities against her and threatened to dismiss her after she complained of breaches of the fundamental terms of her contract.
Chong, who joined the company in June 2019, drew a monthly salary and allowance totalling RM3,000.
Upon being informed of her objection to the salary reduction and removal of allowance, the company issued her a show cause letter on Dec 2, 2020 alleging misconduct and poor performance.
The company then called for the meeting on Dec 30, 2020.
However, instead of rectifying the breaches complained of, the company’s officers berated her and used profanity.
As her grievances were left unresolved, she gave notice of constructive dismissal effective Dec 31, 2020.
Anthony said the company’s conduct in reducing her salary via a new salary scheme was unacceptable.
He said the company further victimised Chong when she expressed her disagreement with the revision to her salary.
He said the conduct of the company’s officers, including its business development manager, Kok Ching Seen, and Chong’s superior, made her continued employment intolerable.
“The series of acts by the company’s officer separately or cumulatively was certain to force (Chong) out of her employment,” he said.
Anthony ruled after analysing the evidence, the company had engaged in unfair labour practices, committed breaches of the claimant’s contract of employment and victimised her, giving rise to a dismissal without just cause or excuse.