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ARTICLE · 17 SEPTEMBER 2026

Language Barrier Claim Does Not Undo Admissions Made During Disciplinary Proceedings

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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The Industrial Court has upheld the dismissal of a long-serving employee who attempted to remove company property without authorisation, rejecting the employee’s contention that his admissions...

MalaysiaEmployment and HR

The Industrial Court has upheld the dismissal of a long-serving employee who attempted to remove company property without authorisation, rejecting the employee’s contention that his admissions during the domestic inquiry resulted from an inability to understand Malay. The decision in Vikneshwaran A/L Tathan v Sime Darby Plantation Berhad (Award No. 434 of 2026) highlights the importance of clear and properly documented disciplinary proceedings and reaffirms that dishonesty may justify dismissal regardless of an employee’s length of service.

Brief Facts

The employee had been employed by the employer since November 2008 and was serving as a tractor driver at the time of his dismissal in October 2023.

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