MANAGING MISCONDUCT, DISCIPLINE AND PERFORMANCE

The employer / Company has the right to manage and discipline his employees provided it is acted with reasonableness, fairness and is not capricious, designed to victimize an employee. In the Case of Goodyear Malaysia Bhd. v National Union of Employees in Companies Manufacturing Rubber Products [1986] ILR 522, Award No 63/86, the Court held that: “We are fully aware that Discipline in industry is an absolute necessity for efficiency. If every worker were to do what he or she wanted, the productive process would never be carried out effectively. Such a state of affairs would not only operate to the distinct disadvantage of the company but also of the worker. This court recognize that the right of the employer to discipline is an indispensable prerequisite to the operation of a successful business.”