Azahari bin Md Lazim v Spanco Services Sdn Bhd
(Industrial Court Award No 2335 of 2019)
Resignation in the face of threatened disciplinary action will
not constitute a forced or involuntary resignation.
The company had uncovered preliminary evidence of misconduct
involving a conflict of interest. Upon being queried and shown this
evidence, the employee, a senior manager, was informed that further
investigative and/or disciplinary action would be taken. The
employee's immediate response was to resign from his position,
despite having served for more than 20 years. In his letter of
resignation, the employee had expressly thanked the management and
wished the company well.
He then proceeded to file a claim of unfair dismissal against
the company, alleging that he had been coerced and pressured into
resigning by the apparent threat of legal and/or disciplinary
action against him.
