Introduction
The Industrial Court in Camillius Casimir v Genting Malaysia Berhad (Award No. 1615 of 2025) upheld the dismissal of a security guard who was dismissed for verbally sexually harassing a female employee.
Although the case revolved around a single formal charge of misconduct, the Court emphasised the seriousness of the behaviour, especially given the security guard’s role and responsibility within the organisation.
Facts of the case
The incident at the centre of the case involved the security guard (“the Claimant”) asking a female employee (“the said female employee”): “Amoi, makan hot dog ya?” (“Young girl, eating hot dog, right?”) at the breakfast area.
The Claimant did not dispute that he had uttered the impugned words towards the said female employee, alleging that he was innocently inquiring as to whether she had taken the grilled sausage, aka, hotdog, and that there was nothing sinister in his question or remark to the said female employee.
Genting Malaysia Berhad’s (“the Company”) position is that the Claimant’s impugned words to the said female employee contained sexual overtones, in that the word “hotdog” in the context of the Claimant’s conversation with the said female employee referred to the male genitalia.
During the investigation interview, the said female employee testified that she felt uncomfortable and disgusted with the Claimant’s remarks, especially where it was coupled with the Claimant’s lewd facial expression.
For further information, please contact:
Jamie Goh, Partner, Shearn Delamore & Co.
jamie.goh@shearndelamore.com
