PETALING JAYA: The Industrial Court has upheld MAB Kargo Sdn Bhd’s decision to terminate an officer who was caught playing sepak takraw and using a chainsaw to cut trees while on prolonged medical leave.
Court president Zulhelmy Hasan ruled that the dismissal of Che Zamberi Che Ani was justified, stating that he had misused his fully paid sick leave, which was granted following a road accident in May 2021, New Straits Times reported.
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“... the claimant (Che Zamberi) had unfortunately abused his prolonged medical leave with full salary pay which was granted to him by the company due to his multiple injuries that he suffered.
“It was clearly demonstrated by the company, on the balance of probabilities, that the claimant breached the trust and confidence placed in him by abusing his prolonged medical leave, which is a serious misconduct justifying dismissal.
“This court has no hesitation to order that the claimant’s case be hereby dismissed,“ he said in the March 5 decision.
The judgement detailed that Che Zamberi, who had worked with MAB Kargo since 2015, was initially granted medical leave from May 22 to September 21, 2021.
However, the company later obtained photographic and video evidence showing him engaged in physically demanding activities, including climbing a tree, using a chainsaw and playing sepak takraw on multiple occasions between July and September 2021.
The company argued that his actions contradicted his medical condition and demonstrated a lack of commitment to his responsibilities.
Zulhelmy, in his 56-page judgement, noted, “The claimant had unfortunately abused his prolonged medical leave with full salary pay, which was granted to him by the company due to his multiple injuries.”
Che Zamberi defended himself, stating that the punishment was excessive given his six years of service and his previously unblemished record.
However, the court found no basis for leniency and dismissed his claim.
