Johor Industrial Court chairman Azwarnida Affandi said that although a health ministry form had indicated that vaccination was voluntary, the tourism, arts and culture ministry’s (Motac) requirement that all staff be vaccinated took precedence.

She said the company had taken reasonable steps to educate claimant Shaffiq Sani, its retail manager at the time, about the importance of vaccination, but he refused to follow the employer’s directive.

Azwarnida ruled that the claimant’s refusal was a clear case of insubordination, as his non-compliance was unwarranted in the absence of medical reasons.

“After being closed for so long, the government had issued instructions through the National Security Council (MKN) for employees to be vaccinated before approval (to reopen) can be granted.

“The company then issued a memorandum to all the employees to comply and to be vaccinated on or before Dec 31, 2021,” she said in an award dated Dec 11.

Shaffiq, who had been with the company since July 2012, was dismissed in January 2022.

Azwarnida said that, prior to the dismissal, the company had arranged for an online meeting between the claimant and its officers regarding the vaccination order and assigned a medical officer to explain the vaccination process to him.

Shaffiq, however, continued to refuse vaccination without providing any medical reason to justify his non-compliance, she said.

Azwarnida said allowing the claimant to remain employed would have caused operational difficulties, as his non-compliance would have jeopardised the company’s approval to reopen.

“It is the considered view of this court that the order issued by the company is lawful and reasonable, given its duty to make sure that its employees and visitors are protected from being infected by the Covid-19 virus,” the award read.

Azwarnida said the fact that MKN’s vaccination mandate was rescinded on Jan 1, 2022 was of no consequence because the claimant’s was dismissed prior to that date.

She said the claimant had breached his duty towards the company by failing to conduct himself in a manner that would not harm its business, by committing a misconduct detrimental to the company’s interests, and by failing to perform his duties faithfully.

“The company has succeeded in discharging its legal and evidential burden of proving on the balance of probabilities to dismiss the claimant with just cause or excuse,” the award read.