Mohamed Luqman Nul Hakim bin Mohamed Salleh v Ciba Vision
Johor Sdn Bhd (Industrial Court Award No 2299 of 2019)
The claimant was employed as the Senior Boilerman. The claimant
was responsible for the operations, maintenance and troubleshooting
of the company's steam boilers and burners. He was expected to
observe and perform frequent inspections on the company's
burners and steam boilers.
The claimant was dismissed for his serious acts of misconduct
when he was caught sleeping twice during the night shift which he
was assigned to work. The claimant contended that he had merely
dozed off twice, citing health reasons and travel fatigue.
The Industrial Court dismissed his claim that his dismissal was
without just cause or excuse, and held that:
