KUALA LUMPUR – If you are thinking about “borrowing” that stapler from the office without the boss’ permission, you might want to think again.
The Court of Appeal on May 21 ruled that temporarily taking company property is an offence for which you could get fired.
In last year’s Perusahaan Otomobil Nasional Sdn Bhd v Mahmakam Perusahaan Malaysia & Hamizan Sahat case, an employee admitted to taking a grinder machine off the company’s premises to conduct home improvement activities.
He confessed to doing so at least 20 times before getting caught.
He argued that he always returned the grinder the next day, and had no intention of stealing it.
The industrial court, prior to that, found the employee’s misconduct amounted to unauthorised removal of property.
In other words, the quasi-judicial body said the employee did not commit theft as he returned the grinder each time.
It went further to say dismissing the employee was harsh and disproportionate, as he had served the company for 25 years with a clean record.
This decision was followed by the high court during the first appeal.
The Court of Appeal, however, did not share the same reasoning, saying his actions amounted to a temporary deprivation of property.
Temporary deprivation in the context of theft refers to the deprivation of possession, which occurred when the grinder was not in the possession of the employers outside working hours, said the court.
Asserting further that the employee’s conduct was indeed theft, the court said no employer could be expected to continue trusting such a person, what more, when he showed no remorse. – The Vibes, July 10, 2021
