KUALA LUMPUR: The Industrial Court ruled that the termination of a Malaysia Airports Holdings Bhd (MAHB) employee, Haniz Naz Azniza Hamza, for using profanity during a heated exchange with her superior was unjustifiably harsh.
Chairman Jeyaseelen Anthony said while Haniz's use of foul language constituted misconduct, her dismissal was excessive.
He emphasised the need to consider human fallibility, acknowledging that individuals may react emotionally when reprimanded.
"This court must be mindful that it needs to guard against acting mechanically by merely looking at black and white letters of the charges of misconduct against the claimant (Haniz).
"Instead it must also consider the whole background of the relationship between the claimant and (her superior) which led to the incident that occurred on the night of March 10, 2020 and the tense situation that ensued," he said, as reported by FMT.
Although Anthony determined that Haniz had been unjustly dismissed, he also found her guilty of contributory misconduct, resulting in a deduction of 40 per cent from her total compensation.
He granted Haniz 24 months' worth of back wages, adjusted to RM58,028 after a 15 per cent reduction due to post-dismissal earnings, along with RM22,756 as compensation for her eight years of service.
"The total sum of RM80,784 is scaled down by 40 per cent on account of contributory misconduct to RM48,470."
Anthony said Haniz should have shown restraint when confronted by her superior.
However, evidence revealed that she did not, as she lost her temper and uttered the offending words, which she later regretted.
"The claimant could have exercised some restraint and just walked away from (her superior) after the encounter but instead she walked back and pushed her," the award read.
On the other hand, Anthony said the airport operator has neglected to consider Haniz's clean disciplinary record when determining her punishment.
He said if Haniz had been involved in more serious misconduct, such as fraud, violence, or previous similar incidents, a different approach might have been warranted.
Anthony also criticised the dismissal as an extreme measure and suggested that the company should have explored alternative disciplinary actions.
Haniz was dismissed by MAHB in June 2020 following an altercation with Sergeant Asmiza Sudin, during which Haniz used profanity and allegedly pushed Asmiza.
MAHB justified the dismissal citing insubordination and serious misconduct, claiming that Haniz's actions tarnished the company's reputation and violated its code of ethics.
The incident occurred when Asmiza reprimanded Haniz for not being at her duty post at Penang International Airport's fast-food outlet.
Haniz's profane response was triggered by Asmiza's berating remark. Despite Haniz admitting her use of coarse language and offering an apology, Asmiza refused to accept it.
Anthony characterised Haniz's reaction as a natural response driven by anger and frustration in the heat of the moment.
He criticised Asmiza for scolding Haniz publicly instead of handling the matter privately, suggesting a lack of professionalism on Asmiza's part.