Would An Arrest By The MACC Warrant Dismissal?

When faced with the issue of an arrest of an employee by the Malaysian Anti-Corruption Commission ("MACC"), employers must be cautious in handling such a delicate matter. It is pertinent to note that the criminal investigation of criminal charges levelled against an employee on their own cannot form a basis for an employer to commence disciplinary proceedings and take disciplinary actionsagainst the employee.

This is particularly the case when an employer does not have any information on the grounds of the employee's arrest, nor any evidence of any offence being committed. In such situations, an employer would therefore not have any basis to frame a charge or conduct an inquiry into the employee's alleged wrongdoing.