B Inthiran was dismissed by a multinational plantation company six years ago following a domestic inquiry which found him guilty of misconduct after he and four others rioted and assaulted the foreign worker.
Court chairman Andersen Ong said Kuala Lumpur Kepong Bhd’s decision to dismiss Inthiran was a necessary and proportionate response to a serious breach of workplace discipline.
“Given its duty to protect all employees and maintain industrial harmony, the company cannot be faulted for taking firm disciplinary action in the face of such grave misconduct,” he said in his 38-page award released early this month.
Ong said every employer must ensure a safe and secure working environment for all employees, regardless of whether they are local or foreign workers.
Such an obligation, he said, included taking reasonable measures to prevent violence, maintain workplace discipline, and protect the well-being of all personnel.
He said violence perpetrated by local employees against migrant workers was particularly egregious, as it was a form of “abuse of social and economic power”.
“Such acts offend the public policy of Malaysia, which recognises the need to safeguard the welfare and dignity of all workers, including foreigners,“ he said.
Ong said the court took note that an employee’s conduct warranted disciplinary action even if done outside working hours, as it brought disrepute to the employer.
The company alleged that Inthiran was involved in rioting and assaulting Sirajuddin Sah, an Indian national, at a house at the company’s quarters in Batang Jelai estate in Bahau, Negeri Sembilan.
The assault saw Sirajuddin warded for two days and given medical leave for eight days as a result of the injuries inflicted.
Inthiran and four others – R Thanakody, S Tamil Selvam, S Lingehswaran, and R Visu – were convicted and fined in the Bahau magistrates’ court for rioting on Sept 8, 2019.
The Industrial Court had also thrown out the four men’s unfair dismissal claim.
Ong said the attack on Sirajuddin, who was employed as a loader, amounted to aggravated assault resulting in serious bodily harm.
He also said Inthiran did not provide any valid reason to justify his assault on Sirajuddin, apart from alleging that the foreign worker had accused him of having an affair with a woman.
Nor did Inthiran justify mobilising his friends to confront and assault Sirajuddin at the quarters.
M Thayalan appeared for Inthiran while R Muralindran represented the company.