NZSK Legal successfully represented Corporate Partners Consultancy Sdn Bhd in an Industrial Court claim brought by former employee Tan Pei Kei, who alleged that her dismissal was without just cause or excuse. The case centred on a fundamental legal principle in employment law: that persistent insubordination—defined as deliberate refusal to obey lawful and reasonable instructions—constitutes just cause and excuse for dismissal. Throughout the proceedings, the Company demonstrated that the Claimant repeatedly ignored compulsory meetings, failed to respond to written instructions, and refused to comply with reporting obligations necessary for performance monitoring. Evidence before the Court showed that despite the Company issuing multiple reminders, a warning letter, and a show cause letter dated 14 April 2023, the Claimant persistently disregarded instructions from both her Human Resource Manager and her direct superior. She refused to attend performance meetings scheduled on 30 March and 3 April 2023, ignored WhatsApp reminders, and failed to submit required Monthly Sales Activity Reports and daily activity logs. Her conduct, as found by the Court, reflected a clear pattern of disrespect, wilful disobedience, and non-cooperation.
In delivering its Award, the Industrial Court reaffirmed the long-standing principle that employers possess the managerial prerogative to direct, supervise, and require accountability from employees, and employees are legally obliged to comply with such directions. The Court emphasised that wilful refusal to follow lawful instructions strikes at the heart of the employment relationship, referencing authorities that describe insubordination as one of the most “noxious” forms of misconduct because it undermines organisational authority. After considering the totality of the evidence, the Court concluded that the Company had proven the Claimant’s insubordination on a balance of probabilities and that the Claimant’s behaviour constituted serious misconduct. Accordingly, the Court held that the dismissal was grounded on just cause and excuse and dismissed the Claimant’s claim entirely.
This decision underscores an important legal principle in Malaysian employment law: when an employee persistently disregards reasonable instructions, refuses to engage in performance discussions, and undermines the employer’s authority, the employer is legally entitled to terminate the employment. The ruling reflects NZSK Legal’s continued success in defending employers in complex industrial relations disputes involving misconduct, performance issues, and procedural fairness.