Habitual lateness, absenteeism or consistently working fewer hours than required may seem minor at first glance. However, what happens when such conduct becomes habitual or a pattern? It can disrupt the Company’s operations, undermine workplace discipline and jeopardize team productivity. The Industrial Court has made it clear that habitual absenteeism and tardiness cannot be condoned, and employers must take prompt actions against such employee.
In Mohd Azridz bin Mohd Radzuan v Petroliam Nasional Berhad (Award No. 1380 of 2025, 27 August 2025), the Court upheld the dismissal of an employee who was absent without approval for 5 days, late for work 68 times, and who had worked fewer hours than required on 95 occasions.
Brief Facts
- The Claimant was employed as an Executive at the Company in August 2012.
- The Company’s policies included flexible working hours. However, the employee’s attendance record was unsatisfactory, as he was:
- Absent from work for 5 days;
- Late for work (after 10:00 a.m.) 68 times; and
- Working fewer than 8 hours as required on 95 occasions.
- The Company issued a notice to show cause to the Claimant, to which he responded. The Company convened a domestic inquiry for the above three charges of misconduct.
- The domestic inquiry panel found the employee guilty of all the charges and the Claimant was dismissed.
- The Claimant alleged that his dismissal was without just cause and excused, and lodged a representation for reinstatement which was then referred to the Industrial Court.
Court’s Findings
The Court upheld the dismissal and found that it was with just cause and excuse:
- The Court reviewed the Company’s policies, which classified tardiness and absenteeism as misconduct. The Company’s flexible work options allow employees to start work between 7:00 a.m. and 10:00 a.m., provided they complete at least 8 working hours per day. The employee was aware of these policies.
- There was sufficient evidence to prove the misconduct charges brought against the employee.
- The Court noted that the Claimant’s proven absenteeism and tardiness constituted serious misconduct that could not be treated lightly by the Company.
- The Court emphasised that habitual absenteeism, tardiness, or late coming when considered sufficiently serious, requires prompt action by the Company. Failure to address such conducts or patterns could call into question the roles and responsibilities of the employee’s superior.
- Habitual absenteeism and tardiness cannot be condoned, as they disrupt the smooth functioning of the Company’s operations and administration.
Key Takeaways
Habitual tardiness and absenteeism are recognised grounds for dismissal, particularly where such conduct occurs repeatedly and without reasonable excuse.
In today’s workplace, where flexible and remote working arrangements are increasingly common, there is a greater risk of such flexibility being abused if expectations are not clearly defined. Employers should therefore implement clear attendance and working-hours policies, ensure these are properly communicated to employees, and maintain accurate attendance records. Any verbal or written warnings should be appropriately documented.
Employers should also periodically review their attendance management and disciplinary frameworks to ensure that similar misconduct is addressed consistently, proportionately, and fairly across the organisation.
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This article was written by Hooi Kit Yi (Associate) from Donovan & Ho’s employment law & dispute resolution practice.
Donovan & Ho is a law firm in Malaysia, and our employment practice group has built a reputation for providing strategic employment advice to local and global organisations. Our team of employment lawyers provide advice on employment law and industrial relations including review of employment contracts, policies and handbooks, advising on workforce reductions, and managing dismissals of employees for poor performance or misconduct. We also represent clients in unfair dismissal claims and employment-related litigation.
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