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One of my colleague scratches my car and caught in action in CCTV

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asked on Jan 17, 2018 at 21:56
by   nimmy
edited on Jan 31, 2018 at 14:02
 
The issue here is that one of my colleague scratches my car and the action was captured by CCTV though not on point where his hand touches my car. His behaviour was the most suspicious. It happened outside of company premises. Literally just outside the perimeter.

So, I called up the HR and Union rep to attend the meeting together with the doer.
1. Union tries to protect the doer
2. Doer kept saying he just walked past my car.
3. HR doesn't want to take any action based on suspicious behaviour.
4. I asked from compensation.

Final outcome was the doer denied every single allegations. I proceeded with lodging police report.

Made the report, doer goes to police station and still deny every single thing.
Unsatisfied me proceeded with the case, police carry out investigation and he stays in the jail for a night. Off he goes the next day.

Eventually, he goes to the court and the court's judgement stated he is guilty. He was demanded to pay court fine of RM800 or goes to jail for 3 months. He chose the first choice.

I got the letter from police on the court's verdict and presented to the HR.

HR is still afraid to take any action on him, only requested him to resign on his own or risk having no OT until the company is happy with him. So, now he is still in the company roaming around freely.

May I know any law that can get my HR to sack this guy for good?
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2 Answers

answered on Jan 18, 2018 at 09:46
by   vkpc
May I know any law that can get my HR to sack this guy for good?
There is no such law.
It depends on the agreement between employer and employee at the time of hiring.  ( offer letter )

There is however a law that states that a person cannot be punished twice for the same offence.
So since he has already paid the RM800 fine, he has already been punished.

You should find why he dislikes your car.
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answered on Oct 9, 2018 at 13:28
by   Jack1
With respect to the above answer, I am not sure what vkpc refers to when he said "a person cannot be punished twice for the same offence." - whether it's double jeopardy or res judicata. If he refers to double jeopardy, it applies only to criminal offence. So, you can still bring a civil claim against him - as in to sue him for the damage. I believe the damage should be minimal? So, just bring a claim in small claim on your own. 

Just to be clear, res judicata does not apply here as well with regard to your position on asking your employer to sack him. There are some complications here as his employment agreement is between him and the employer. You are not part of it. But you can put pressure on your employer for failing to protect you and/or stopping people from harassing you n the course of your own employment. If your employer failed to do so, you may have some remedies.  Hope this answers your question. 
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