Subject - Labour Law

Case Scenario :

SECTION B: CASE SCENARIO Zaki works as a storekeeper in Hijaz Food Industries earning a salary of RM1870. In February 2022, following several incidents and complaints regarding stolen goods from the store, Zaki was suspended from work while investigation was carried out on the complaint. As a result of the investigation, the company decided that there was a case and proceed to convene a domestic inquiry. At the end of the domestic inquiry, Zaki was found to be negligent in performing his job resulting in some goods being stolen by other parties. As a punishment the company reduces his allowances and transfers him to another branch of the company located 30km away from the main factory. Zaki however insisted that he is innocent and refuses to comply with the transfer order claiming that the new place is too far from his house. When Zaki fails to report for duty at the branch office despite several reminders, the company finally issues him a termination letter.1v'u'ith regard to the above scenario, answer the following questions: 1. In the case above, it shows that Eaki was suspended while the company conduct investigation. Assuming you are the HR Manager responsible to handle this case. Explain how you will carry out the investigation. [11] marks] 2. Has Eaki committed a misconduct when he refuses to be transferred to the branch office? Explain your answer based on Malaysian Labour laws. {5 marks} 3. In the case above, IF the company did not conduct any domestic inquiry before terminating Zaki's employment, what would be the effect of the failure of the company to hold the DI if this case were to be brought to the Industrial Court? {5 marks}