Dismissal for disruptive and disorderly behaviour at the workplace: a review of Harianto Effendy Zakaria & Ors v. Mahkamah Perusahaan Malaysia & Anor

• Main Author: Ali Mohamed, Ashgar Ali
• Format: Article
• Language: English
• Published: The Malaysian Current Law Journal Sdn Bhd 2016
• Subjects: K Law (General)
• Online Access: http://irep.iium.edu.my/52394/1/article%2011.pdf; http://irep.iium.edu.my/52394/

Being disrespectful to ones superior, defying his authority by persistently talking about religion to colleagues during working hours,exhibiting outbursts of anger and frustration towards the company’s management, engaging in sarcastic communications with a hostile tone and sending angry or derogatory emails, amongst other things, may be grounds for discipline, including termination. Such behaviour hinders or prevents the employer from carrying out its responsibilities effectively. This article discusses how an employee’s disruptive behaviour at the workplace, can be used as a ground to justify his or her dismissal, with specific reference to the Federal Court’s decision in Harianto Effendy Zakaria & Ors v Mahkamah Perusahaan Malaysia & Anor