Question $1$

Faiz was employed by MTD Holdings as a legal officer in $2015$ before he was promoted to Senior

Legal officer in $2017.$ In $2019$ he was again promoted to be the General Manager of Bayu TD

Sdn Bhd$,$ a subsidiary of MT D Holdings.

In $2021,$ Faiz received a show cause letter from the company alleging misconduct relating to

the purchase of six units of industrial printer for the price of RM$55,352\mathrm{.}00.$ The company

claimed that the purchase was made without getting the required quotations and without the

approval of the Procurement Committee, which is required for any purchase above RM$50,000$

and thus causing loss to the company. Faiz answered the show cause letter denying that he

approved the purchase, but the company did not accept his explanation and proceeded to

issue a notice of inquiry and suspended him for a period of $14$ days.

Faiz later attended the domestic inquiry and pleaded not guilty to the charge against him.

However, three days after the inquiry, Faiz received a letter informing him that he was

demoted to the position of Senior Legal Officer, his salary is reduced by RM$2,000$ and the

benefits that were given to him as General Manager will be withdrawn.

Faiz made an appeal against the company's decision. He claimed that the domestic inquiry was

not done properly as he was never shown the evidence that the company had against him, nor

was he$.$ allowed to question the witnesses. Therefore, the company was wrong in finding him

guilty of the alleged misconduct and he should not be punished. He insisted that his original

position and benefits be restored, failing which he will file a claim for constructive dismissal.

The company nevertheless rejected his appeal and insisted that he reported for duty as Legal

Officer with immediate effect or he would be terminated.

Based on the above scenario, answer the following questions:

a$.$ Assume that you were the HR Manager in Bayu TD Sdn$.$ Bhd$.$ Write a legally correct show

cause letter that the company will issue to Faiz. You may make any necessary assumptions

to assist you in preparing the letter.

$(8$ Marks$)$

b$.$ Faiz claimed that the domestic inquiry carried out against him was not done properly. What

effect would this have on the outcome of the case between Faiz and the company in the

Industrial Court?

$(4$ Marks$)$

c$.$ Based on the scenario and the relevant law, discuss whether Faiz would be successful in his

claim for constructive dismissal. $(8$ Marks$)$

$[$Total: $20$ Marks$]$