Lorry driver loses appeal over RM19,604 termination benefits

SHAH ALAM: The High Court has rejected a lorry driver's appeal against the Ministry of Manpower's decision to deny him RM19,604 in termination benefits. Judge Narkunavathy Sundareson found no reason to overturn the Director-General's decision, made on August 8, 2025, which stated that R. A. Murugan, 55, had violated his employment contract by not reporting to work for over two consecutive days.

The Ministry cited Section 15 of the Employment Act 1955, which deems an employee to have breached their contract if they are absent from work for over two consecutive days without prior leave, unless they have a valid reason and inform their employer of this as soon as possible. Murugan, a lorry driver for a transportation company since June 1, 2014, received a daily wage of RM57.70 plus earnings based on the number of deliveries made.

According to the judge's reasoning, Murugan was scheduled to deliver palm oil from a refinery in Teluk Panglima Garang to a company in Negri Sembilan on May 11, 2024. He was held by his company's director for allegedly stealing oil from the tank. Upon returning to work on May 13, 2024, Murugan claimed he was told the company no longer wanted him.

However, the court noted that he did not attempt to confirm his employment status with the company throughout 2024. He visited the company's office on May 27, 2024, to have his name removed from a management system to work for another transportation company and returned on June 10, 2024, to claim a toll. Murugan began working for another company on June 25, 2024.

The court also observed that Murugan only informed the company about his employment status on January 21, 2025, about six months after his absence began. The judge emphasized that when an employee is absent from work for more than two consecutive days without prior leave, they are considered to have breached their contract unless they have a legitimate reason and inform their employer as soon as possible.

Murugan had not complained about his alleged termination when he tried to remove his name from the system and had already found another job. He did not file a claim with the Ministry until March the following year, with no explanation for his delay. The judge concluded that the Ministry had carefully considered the facts and arrived at a decision in line with the law. The appeal was dismissed, and the appellant was ordered to pay RM5,000 in costs.