LEE LENG MEN v. EDGENTA UEMS SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
PRAVIN KAUR JESSY
AWARD NO. 726 OF 2026 [CASE NO: 20-4-1796-23]
8 MAY 2026
[2026] CLJ JT (9)
Abstract – (i) Insubordination requires an element of wilful, intentional, and unjustified disobedience. A failure to perform tasks or attend meetings does not automatically constitute insubordination if those failures are rooted in objective impossibility or physical exhaustion due to an overwhelming workload, rather than a deliberate defiance of managerial authority; (ii) While an employer may issue instructions outside of ordinary working hours, such instructions must be grounded in genuine operational necessity. In assessing the reasonableness of an employee's responsiveness, the court may consider the 'right to disconnect', implying that employees are not ordinarily expected to be perpetually responsive to work communications absent an emergency.
LABOUR LAW: Employment – Dismissal – Misconduct – Insubordination – Employee experienced massive increase in workload and understaffed department – Allegations of persistent wilful defiance of superior's instructions and failure to attend meetings and meet deadlines – Employee summarily dismissed from employment – Whether employee's conduct amounted to intentional disobedience – Whether there was objective impossibility – Whether there was insubordination – Whether dismissal with just cause or excuse – Industrial Relations Act 1967, ss. 20(3) & 30(5)
LABOUR LAW: Employment – Terms and conditions – Right to disconnect – After-hours communication – Superior sent instructions and reminders via email to subordinate outside ordinary working hours – Whether there was genuine operational emergency – Whether employees expected to remain perpetually responsive outside working hours absent necessity
LABOUR LAW: Industrial Court – Remedies – Reinstatement – Employee with 26 years of service and nearing retirement age – Whether reinstatement most appropriate and equitable remedy – Consideration of practical realities in securing new employment – Industrial Relations Act 1967, ss. 20(3) & 30(5)
