When does an initial positive drug screening justify dismissal, even if subsequent laboratory pathology tests show negative results for substances?
A head of HR for a property holdings company challenged his dismissal after being arrested during a police drug operation at his residence.
The worker argued that laboratory tests showed negative results for drugs and that the domestic inquiry was procedurally flawed.
The company maintained that the worker's initial positive drug screening, drug purchase attempt, dishonesty to superiors, and damage to corporate reputation constituted serious misconduct.
The Malaysian court examined whether the company proved misconduct charges and whether dismissal was justified given the worker's senior position.
The worker commenced employment in September 2010 with a subsidiary company within a larger corporate group.
He was appointed as head of HR management in January 2015. His last drawn position was head of division for HR management.
The worker was responsible for strategic planning and human resource functions across multiple companies within the group.
The worker was arrested on 16 April 2020 at his rented apartment. Police had stopped a delivery driver at a roadblock earlier that day. Officers discovered substances suspected to be methamphetamine and ecstasy in the driver's vehicle. The driver's mobile application showed a delivery address registered to the worker's apartment unit.
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Toronto, Ontario--(Newsfile Corp. - January 23, 2026) - STRACON Group Holding Inc. (TSX: STG) (BVL: STG) ("STRACON" or the "Company") rejects false claims made by SLC Holdings Inc. ("SLC") in an ap...