Company was right to sack officer for concealing conviction, court rules

The industrial court in Penang ruled that a company was justified in dismissing a safety and health officer for concealing a criminal conviction during the recruitment process. Rusita Md Lazim, the court's chairman, emphasized that an employer may terminate an employee without notice, but such action should generally follow a fair disciplinary process.

The court acknowledged that a criminal conviction does not automatically grant an employer the right to dismiss an employee, but deliberate concealment of a material criminal conviction during the hiring process can constitute serious misconduct and provide a valid reason for dismissal. Joe Green Precast Sdn Bhd dismissed the claimant after discovering he had been convicted of theft from a previous employer.

The position required integrity, compliance with rules, and risk management skills, making the undisclosed conviction a serious act of misconduct. The claimant's reasoning that he was unaware of the criminal conviction was deemed untenable, as the employer's trust was betrayed when it learned of his prior behavior. The claimant was terminated 10 months after being appointed to the position in April 2021.