Case examines whether the delegation of verification tasks absolves senior employees from exercising due diligence before payment approvals
The Industrial Court of Malaysia recently dealt with a case involving a head of health, safety and environment who was dismissed for allegedly approving false attendance claims submitted by an external subcontractor without proper verification.
The worker argued that verification was not his responsibility and that charges lacked proper particulars. The company maintained that as a senior manager, he failed to exercise due diligence in approving claims.
The court examined whether the company had proven misconduct charges and whether dismissal was justified.
Employment background and company subsidiaries
According to the case’s records (no. 10/4-1177/22), the worker commenced employment in 2012 following a merger between two petroleum companies. He was redesignated as head of health, safety and environment with a subsidiary company.
The worker was transferred between subsidiaries, ultimately joining a wholly owned subsidiary of the holding company in mid-2021. He remained employed until his dismissal in early 2022 with a last drawn monthly salary of RM31,893.
The worker's scope of work involved ensuring the company complied with health, safety and environmental policies and procedures.
He was responsible for the overall safety and wellbeing of employees within the company. The worker developed and implemented safety programmes to...
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