Daud is a former employee in RidPest Sdn Bhd, a company dealing in pest control. He had been their employee for nine years and based on his record, he is on all account an excellent and dedicated employee.

Last two weeks, his manager, Rizal spotted him in one of RidPest's van, wearing his uniform at an address that is not listed as the company's customer. Rizal suspected that Daud is making some 'side income' during company's time, using company's property. When Rizal confronted Daud about this, Daud was unable to explain his presence at the unauthorized house.

Later that day, Daud was asked to meet Rizal and Halimah, the HR Manager of the company. After exchanging a few angry words, the company dismissed him on the spot and asked him to clear his belongings immediately. Daud is upset about what he feels in an unjust dismissal. Although Daud admits having done some pest control jobs on the side, but he claims that these jobs were always done outside his working hours. Daud insists that he is always punctual and has never left any job unfinished. Further, the company has never state in any of their rules and policy that employees are not allowed to do part-time work in their own time.

Based on the scenario given above, discuss:

1. Whether RidPest's action in dismissing Daud is done according to the proper legal procedures and with just cause and excuse. (14 Marks)
2. The actions that Daud should take if he wishes to sue the company for his alleged unjust

dismissal.(6 Marks)

by Malaysia Law