BAWB 4014 Labour Law UNITAR

Question 2 Zahid has been employed by Cosmic Manufacturing since 2012. He has a clean: disciplinary record and is regarded as a reliable, hardworking; and trustworthy employee by the company. . Because he is such a well-trusted employee, his manager allows him to get away with minor misconducts which otherwise would not be tolerated in newer employees. For example, Zahid sometimes clocks in late, averaging between 10 to 15 minutes each time, but his manager did not take any action against him. Other employees however will receive either an oral warning or written warning if they were late more than 5 minutes. In January 2021, a new manager was appointed in Zahid's department. For some reason, this manager took an instant dislike of Zahid and a few other senior employees in the company. On 21st March 2021, Zahid clocked in 4 minutes late and was given a written warning. On 30th April he clocked in 3 minutes late and received a second written warning. Finally on 3rd July he clocked in 2 minutes late and the manager asked HR to terminate Zahid for being indiscipline and tardy. Zahid claims that his dismissal is unlawful because the company failed to follow the correct procedure in taking disciplinary action against him and is also without just cause. Discuss whether the company has followed the law and proper procedure in terminating Zahid to make the dismissal lawful and with just cause and excuse. (10 Marks)