Misconduct outside of business hours can lead to sacking, warns MTUC

Misconduct outside of business hours can lead to sacking, warns MTUC

MTUC president says any misconduct exposed on social media can be used against workers by their companies.

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PETALING JAYA: Any offensive action, act of discrimination, physical abuse or sexual harassment, even committed outside of working hours, can be recognised as a crime leading to the termination of an employee, the Malaysian Trades Union Congress (MTUC) said.

MTUC president Abdul Halim Mansor said any such bad behaviour, if captured on social media, and done intentionally in public can be regarded as a crime.

“In this country, we cannot have people walking naked or exposing their private parts in public,” he said.

He was responding to the controversy sparked by a viral picture on social media of a cyclist, Juli Birksman, giving the middle finger to a motorcade of US President Donald Trump when it overtook her on Oct 28.

After her identity was exposed, Birkman, who was a marketing executive of a government-contracting firm in Virginia state, was sacked for violating the company’s “code of conduct policy”.

A GoFundMe movement was launched immediately to help the 50-year-old mother of two raise US$100,000 (RM416,000) and US$70,000 has been raised so far. Critics had said the woman was just displaying her constitutional right under the First Amendment.

Halim said such offensive behaviour like showing the middle finger would be considered “unacceptable” in Malaysia.

“I understand that in other places, such as Europe or the United States, it will be seen as a human rights issue but those countries are totally different from us,” he said.

“Such laws controlling immorality are needed as we need to be respectful towards one another,” he added.

Malaysian Employers Federation executive director Shamsuddin Bardan also agreed that any misconduct outside of business hours could be grounds for termination of an employee.

“Such action can damage a company’s reputation. As such, it may result in disciplinary action and sacking.

“If the company finds its reputation has been impacted negatively, it can dismiss the employee,” he said.

Cyclist who gave Trump the finger loses her job

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