DISCUSSION

Based on the cases of Dreamland Corp. (M) Sdn. Bhd. v. Choong Chin Sooi & Industrial
Court of Malaysia [1988] 39, we know that the current mechanism in Malaysia has both
benefits and limitations.

One of strengths of current mechanisms are domestic inquiry. Malaysia’s domestic

investigation system allows legal proceedings for employers to investigate allegations of
employee misconduct or policy violations. Although Malaysian regulations do not provide
specific guidelines regarding the conduct of domestic investigations, the effectiveness and
fairness of the procedure are assessed based on rules established in precedent legal cases
(Hashimoto & Zulkipli, 2023). It provides the accused employee with an opportunity to
defend themselves and ensures that the disciplinary action taken by the employer is fair and
reasonable. The process includes gathering evidence, interviewing witnesses, and making
decisions based on the findings (Kuek, 2022). The advantage of the domestic investigation
system is that it provides an opportunity for defence, i.e. a fair opportunity for the accused
employee to present his or her case, provide evidence and defend the employer's charges.
In addition to this, the process requires the involvement of an internal panel, which typically
consists of individuals within the organization who are considered impartial and independent
and remain impartial, independent and unbiased to ensure a fair and unbiased assessment
of the situation to ensure fairness Justice factor. In addition, this process complies with legal
requirements such as a domestic investigation, in addition to the appropriate investigation
required under section 14(1) of the Employment Act 1955, to determine whether the
employer has legitimate cause or excuse for disciplinary action against employees in
accordance with the policies or rules or under the Industrial Relations Act 1967, specifically
Section 20(1), an employee who believes that he has been dismissed by his employer
without just cause or excuse may claim constructive dismissal and submit a written request
to the Ministry of Human Resources of Malaysia. Statement in order to restore the original
position and other legal provisions (Karim et al., 2020). Providing justification or excuse for
disciplinary action, such as an investigation that helps the employer establish justification or
excuse for disciplinary action based on the findings, provides a legal basis for taking
disciplinary action and will be considered a lawful act. However, if the employer fails to
follow due procedures or cannot justify the disciplinary action with valid reasons or excuses,
the employee will have a legal basis to challenge the disciplinary action and request
constructive dismissal after going through the above procedures (Mwka, 2020).

Next, industrial Court are also one of the strengths of current mechanisms in
Malaysia. The Malaysian Industrial Court serves as a neutral and impartial arbiter to resolve
workplace disputes (Nicholas, 2023). It provides a formal platform for employers and
employees to present arguments, evidence, and witnesses, ensuring a fair assessment of
the situation. Its advantages include impartiality, expertise, formal procedures allowing both
parties to present their cases, binding awards, compliance with employment laws, and
flexibility in providing remedies. These factors help resolve conflicts fairly and effectively,
ensuring a harmonious working environment. Industrial tribunals operate independently and
are not influenced by any particular party (Morris, 1928). This impartiality helps ensure that
decisions are based on performance and relevant provisions of labour laws and provides a
neutral and fair environment. In addition, the Industrial Tribunal is composed of experienced
and knowledgeable members who have expertise in employment law and dispute resolution
and are familiar with the complexities of employment relationships, industry practices, and
relevant legal provisions. Their expertise enables them to make informed decisions based on
the facts and legal principles presented during the proceedings (The Editors of
Encyclopaedia Britannica, 2002). In addition, industrial courts follow formal procedures that
allow both parties to present arguments, evidence, and witnesses. This structured approach
ensures that all parties have an equal opportunity to present their views and address any
relevant issues. Moreover, the Industrial Court will rule based on the arguments raised and
make a binding, enforceable, and legally binding decision, such as job reinstatement,
compensation, or others (Donovan & Ho, 2019). This enables the courts to effectively
resolve conflicts and provide final solutions to the parties involved. Therefore, industrial
courts help resolve conflicts fairly and effectively and ensure a harmonious working
environment (King, 2023).

While, Malaysia’s current mechanism includes the correctability of procedural errors

(Wook, 2019). This means that the Supreme Court recognised that if certain procedural
errors occur during the disciplinary process, such as the failure to conduct a domestic
investigation, they can be corrected at the industrial court level. This recognition allows for
flexibility and ensures that wrongs can be corrected, fairness is maintained, and the
principles of natural justice are upheld. It provides the opportunity to address and correct
procedural errors, ensuring that workplace disputes are resolved fairly and equitably,
benefiting both employers and employees. Errors or omissions in following appropriate
procedures, such as failure to conduct a domestic investigation (Croner-I, n.d.), should not
automatically result in the case being dismissed or invalidating any subsequent action. In
such cases, the employer is given the opportunity to correct the error and ensure that any
action taken against the employee is Disciplinary sanctions are based on due process and
are reasonable. Employees, on the other hand, have the right to challenge any procedural
errors and demand correction, thereby safeguarding their rights and providing them with a
fair opportunity to present their case. This flexibility provides the opportunity to address and
correct procedural errors, ensuring that workplace disputes are resolved fairly and equitably,
benefiting both employers and employees (MWKA, 2020). Malaysia has demonstrated its
commitment to fairness and justice through mechanisms that recognise the correctability of
procedural errors (Shanker, 2021). This approach recognises that, while it is vital that
appropriate procedures are adhered to, minor procedural errors should not automatically
invalidate the entire disciplinary process. Rather, the focus is on righting the wrong and
ensuring that subsequent proceedings and judgements are fair and consistent with the
principles of natural justice.

However, the weakness of current mechanisms include current mechanisms lack

consistency (Rodríguez et al., 2017). The application and interpretation of disciplinary
procedures may vary from organisation to organisation, leading to inconsistent decision-
making. This inconsistency can lead to perceptions of unfairness and erode employee trust
in the system. Inconsistencies, such as different policies and practices, Different
organisations may have their own policies and practices for internal disciplinary procedures.
For example, KFC has privacy policies like KFC reserves the right to use or disclose personal
information as necessary to satisfy any law, regulation, or legal request or to protect the
integrity of our online services and in-restaurant technology (KFC Community, n.d.). These
policies are located here. There may be differences in the steps involved, the level of
formality, and the criteria used to determine disciplinary action. As a result, there was a lack
of consistency in the application and interpretation of disciplinary procedures, undermining
employees' trust in the system. This occurs when an employee believes that disciplinary
action is being administered inconsistently, such as when two or more employees engage in
the same or similar conduct at approximately the same time, but only one or some of them
are disciplined or different sanctions are imposed. Contemporaneous, inconsistent behaviour
occurs (Fanie, 2023). They may feel they have been treated unfairly or that the entire
process lacks transparency and objectivity. This can lead to lower morale, lower job
satisfaction, and strained employer-employee relationships (Wright, 2019). As a result,
employees may be treated differently depending on the organisation they belong to,
creating a feeling of unfairness.

Besides that, delays are common in current mechanisms and procedures. Current
disciplinary proceedings can sometimes drag on, causing long-term uncertainty and stress
for employees and employers. This results from employees being left in limbo for extended
periods of time, not knowing what disciplinary action they will face, which can have a
negative impact on their mood and work performance. Employers may also feel anxious
about not being able to resolve problems in a timely manner. This delay can prevent the
timely resolution of issues, impacting productivity and organisational harmony. In addition to
this, disciplinary procedures may include multiple stages, such as investigations, hearings,
decisions, etc. Each stage takes a certain amount of time, which can lead to delays if these
steps do not have clearly defined time limits. In addition, procedural delays caused by
human factors such as bureaucracy (Tasleem, 2023), personal bias (Nkosi et al., 2020),
unreasonable workload (Kritzinger, 2017), and other factors may cause decision-makers to
delay handling cases or processing cases. Therefore, weaknesses in the current mechanism
include common procedural delays (Lattal, 2010).

Last but not least, one of the current institutional problems also includes the issue of
power imbalance (Fluke, n.d.). If the employer has significant power and influence,
employees may feel disadvantaged during the disciplinary process. This power imbalance
can hinder an employee's ability to present their case effectively and can lead to unfair
outcomes. Employers often have greater power, causing employees to feel afraid or timid to
defend or express their opinions because they are worried about the negative impact on
their career prospects or treatment and thus dare not defend effectively (Burke, 2022). In
addition, employers usually have more information and resources, so employees may not be
able to obtain sufficient evidence or support to support their pleas (Bergh et al., 2018). This
behaviour indirectly leads to information asymmetry between employees and employers,
resulting in employees being at a disadvantage and facing unfair treatment in disciplinary
procedures (Yang & Liu, 2021). Additionally, the lack of an independent arbitrator or neutral
third party to handle disciplinary cases may increase the risk of power imbalances (Foley &
Cronin, n.d.). The absence of an independent agency to ensure fairness and balance may
lead to employers over-exerting their own power in disciplinary proceedings, leading to
unfair disciplinary results and potentially having a negative impact on employees' rights and
interests. Power imbalance is one of the flaws of the current mechanism.
Recommendations for Improvement
I. Standardization of Disciplinary Procedures
Establish the facts as soon as possible. Get the employee's perspective before deciding on
the next steps. If you determine that the problem is related to performance or ability rather
than behavior, it may be more appropriate to use the ability determination procedure. For a
minor or first offense, it may be best to issue a warning to avoid a formal disciplinary
procedure. This could be as simple as a conversation with the employee and a subsequent
letter restating what was said.You might have to follow formal procedure if the employee
has committed more serious offenses or if this is not their first offense.Start by compiling all
the data required to determine the situation's facts: Have a meeting with the employee in
question to discuss the inquiry, talk to witnesses, and review any material that might be
used as evidence.The employee is not entitled to bring a representative to the investigative
meeting, unless specifically stated in your disciplinary procedure. Additionally, you are not
need to send them an invitation in writing, as you would for a disciplinary meeting.At this
step, make sure you document all of your notes and supporting documentation.If you're
looking into a potential case of serious wrongdoing,In situations where there is a risk to the
company or if there is a possibility that someone could tamper with the investigation, it can
be appropriate to suspend the employee while it is being conducted.This is the end of the
matter if, after the investigation, you decide there is no case to answer.If not, call a formal
meeting for disciplinary action.
II. Timeliness and Efficiency
You will have more time to devote to other aspects of your life if you are more efficient. By
finishing a weekly activity more quickly without sacrificing quality, you can free up an hour
that will allow you to work on other things on your schedule. Alternately, you may use it as
an opportunity to stretch and decompress from your work.Time efficiency does not include
packing a day's worth of work into one. or just performing a lot of small activities so you can
check them off one by one and feel like you've accomplished something.The idea is to
acquire tactics that will enable you to work toward meaningful goals on both a personal and
organizational level while devoting less time to other duties.To determine where you truly
spend your time, you might perform a time audit. You can assess where your time is going
by keeping a precise weekly log of your activities. You can log time using a spreadsheet, a
pen and paper, or an automated program like Timely. While it's too simple to estimate how
long a task will take, looking at the real data makes it easier to identify areas for
improvement. You might find that you can group related projects together, schedule
meetings in bulk, or schedule more difficult and in-depth work for when you're at your most
productive.How can we tell if we are headed in the right direction if we don't know where
we want to go? Priorities become obvious when reasonable goals are set. When you are
overburdened with equally important tasks, this becomes even more important. You can sort
through things that aren't worth your time, at least not today, by reminding yourself of your
objectives.You probably already have organization-wide goals to aim toward as a team
member or business owner, but you may also add personal goals to feel like you're making
progress and are fulfilling yourself. It's important to treat yourself with kindness even if your
goals are not met; research indicates that it's acceptable to fall short of your targets.
However, it is ineffective to concentrate on negative self-reflection. Instead, concentrate on
the future.
III. Ensuring Procedural Fairness
It's important to follow a fair and just procedure when terminating someone's employment
in addition to considering the reasons behind the decision. We refer to this as "procedural
fairness."An employee is acting in a manner that you find totally inappropriate. It is hinted
at to other workers. The worker insults and berates other people. Their actions only bring
misery to others. The worker isn't following directions and isn't doing the assignments you
provide them.When you decide you've had enough, you fire them.An Unfair Dismissal Claim
is now before you.Given how awful their behavior was, how is this unfair? The likelihood is
that you did not provide procedural fairness.

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