The Industrial Court said former Advent Packaging COO Ooi Tse Biing had placed himself in a position where his personal business interests conflicted with those of his employer. (Facebook pic)KUALA LUMPUR: A former chief operating officer earning RM50,000 a month has lost his unfair dismissal claim after the Industrial Court upheld his termination for secretly setting up and operating a separate company while still employed.Industrial Court chairman Chow Siew Lin ruled that Advent Packaging Sdn Bhd had just cause to dismiss Ooi Tse Biing after finding that he incorporated and operated SG Film Sdn Bhd without the company's knowledge or approval.Chow found that Ooi, who was Advent Packaging's COO and, later, a director, established SG Film as its sole shareholder even though the company was considering venturing into the same line of business.She said Ooi proceeded with the venture on his own initiative instead of obtaining the company's approval, creating a clear conflict between his personal interests and his fiduciary obligations to his employer.She also found that SG Film had used Advent Packaging's machinery without its consent.Chow further held that Ooi received RM10,000 in management fees and RM20,000 in consultancy fees from SG Film while still employed by Advent Packaging, but failed to disclose those payments."The manner in which the claimant had conducted himself when dealing with SG Film, and his non-disclosure to the company of the setting up of SG Film and its subsequent operations at the material time had blurred the line between personal and official dealings and interest," she said.She said the evidence showed Ooi had placed himself in a position where his personal business interests conflicted with those of his employer.She accepted the company's submission that employees, particularly those in senior management positions, owe duties of honesty, fidelity, and loyalty to their employers."Apart from competence and industry, honesty and integrity are among the key characteristics that any employee should possess," she said in the 46-page award released last week.She said the obligation was even greater for a COO entrusted with overseeing the company's operations and acting in its best interests.Advent Packaging dismissed Ooi in January 2024.The company was represented by Eddie Chuah and Joanne Lim, while Ooi was represented by Rajesh Kumar Shar…
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