00:00The Industrial Court has upheld a government-linked company sacking of its former senior technician
00:08for sexually harassing a 17-year-old cleaner three years ago.
00:12Kuala Lumpur Industrial Court Chairman Amrik Singh said Composites Technology Research
00:18Malaysia's Sindram Berhad had given the claimant every opportunity to defend himself,
00:23including at a domestic inquiry.
00:25However, his explanation was no more than a bare denial.
00:30Amrik said it is well established that dismissal is the most common and appropriate sanction
00:35for this form of misconduct.
00:37He said the employer does not need to conclusively prove the misconduct,
00:41but to fulfill the burden that there are grounds to reasonably believe the employee had committed it.
00:46Amrik said that based on this test and the applicable standard of proof,
00:50the company had successfully established that the claimant committed the misconduct.
00:56The claimant, who joined the company in 2001, was sacked in 2022
01:00after a domestic inquiry panel found him guilty of caressing his victim.
Comments