Company was right to sack officer for concealing conviction, court rules
An industrial court in Malaysia ruled that a company was justified in firing an employee who concealed a prior criminal conviction for theft. The court emphasized that such dishonesty undermines the trust required for professional employment.
Why it matters
The ruling clarifies the legal boundaries of employer-employee relationships regarding transparency and the disclosure of criminal history during recruitment.
Rusita Md Lazim, chairman of the industrial court in Penang, said an employer may dismiss an employee without notice, but it should generally follow a fair disciplinary process. (Facebook pic)
PETALING JAYA: Failure to declare a criminal conviction when accepting a job is a serious matter, as it undermines the trust and confidence essential to the employment relationship, the industrial court has ruled.
Rusita Md Lazim, chairman of the industrial court in Penang, said an employer may ultimately dismiss an employee without notice, but it should generally follow a fair disciplinary process.
Rusita said a criminal conviction did not automatically entitle an employer to dismiss an employee, but when an employee deliberately misrepresented or concealed a material criminal conviction during recruitment, such dishonesty may constitute serious misconduct and provide just cause or excuse for dismissal.
Get smarter about the news
Sign up free for a feed built around what you actually care about, Dive Deeper research on any story, and the full text of every article.
Create free accountAlready have an account? Sign in