Case Spotlight – Pandemic Not An Excuse To Avoid Work

In the wake of the global pandemic, workplaces faced unprecedented disruptions. One such challenge was managing emergency leave due to the pandemic due to lockdowns, restrictions in movements, and the rise of remote working. However, the pandemic itself should not serve as a blanket excuse for avoiding responsibilities or disregarding company policies.

The case of THY v Dahtec Marketing Sdn Bhd [Award 2013 of 2023] examined the situation where an employee used the pandemic repeatedly as a reason for his emergency leave.

Brief Facts

• The Employee was dismissed for repeatedly taking emergency leave without proper approval and failing to provide supporting documents.
• The Employee took emergency leave three times without submitting a formal leave application, in breach of the Company's rules. The Employee argued that his actions were necessitated by the COVID-19 pandemic and the need to care for his unvaccinated child at home.