In a case of criminal misconduct. How does the High Court sees it?

In a case of criminal misconduct. How does the High Court sees it?

Case Study: I Bhd v. K A Sandurannehru Ratnam & Anor [2004] 5 CLJ 460

What?!!

In a case of criminal misconduct, all that is needed by an employer is just reasonable grounds for believing or reasonable suspicion amounting to a belief in the guilt of the employee that the misconduct had been committed at the time of dismissal?

The answer to the above may be affirmative as decided by the High Court in I Bhd v. K A Sandurannehru Ratnam & Anor [2004] 5 CLJ 460 as follows:-

“In deciding whether the dismissal was without just cause what the Industrial Court had to consider was merely whether on the evidence produced before it the applicant had reasonable grounds in dismissing the first respondent. The test applied in Ferodo Ltd v. Barnes [1976] ICR 39 states that: It must be remembered that in dismissing an employee including a dismissal where the reason is criminal conduct, the employer need only satisfy himself at the time of the dismissal, there were reasonable grounds for believing that the offence put against the employee was committed. The test is not whether the employee did it but whether the employer acted reasonably in thinking the employee did it and whether the employer acted reasonably in subsequently dismissing him.”


Article by:

Mahadi Muhammad (Owner and Principal Partner)
Law Firm: Messrs Mahadi Redzuan & Co (Advocates & Solicitors) Kuala Lumpur
Email: mrco_legalfirm@ yahoo.com.my

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