Datuk K.N. Segara, who led a three-man bench in allowing the appeal of former senior draughtsman Raja Abdul Rahman Raja Abdul Aziz for unfair dismissal, said private sector employees were only accorded protection under the Industrial Relations Act 1967.
He said once misconduct was proven in the industrial court, the tribunal must venture to determine whether the punishment of dismissal was warranted.
In Raja Abdul Rahman’s case, the court of appeal said his employer, Exxonmobil Exploration and Production Malaysia Inc, was unreasonable.
Segara said the right of employment of public sector workers was guaranteed under Article 135 of the Federal Constitution and Chapter D of the General Orders.
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