HYFFNY YUSOF v. AIRASIA BERHAD
INDUSTRIAL COURT, KUALA LUMPUR
PRAVIN KAUR JESSY
AWARD NO. 1676 OF 2025 [CASE NO: 20-4-1381-23]
30 OCTOBER 2025
[2025] CLJ JT (16)

Abstract – An employer's managerial prerogative to discipline an employee for private social media posts made outside of working hours is limited and must be balanced against the employee's right to privacy and fair comment. Private injudicious remarks do not warrant dismissal unless the employer can demonstrably prove that the posts caused: (i) actual or demonstrable harm to the company's reputation or operations; (ii) public accessibility or dissemination beyond the employee's private circle; and (iii) the statement was false, malicious or defamatory. A truthful albeit unflattering statement does not constitute misconduct.

LABOUR LAW: Employment – Dismissal – Misconduct – Personal remarks made on social media posting – Allegation by employer that employee made inappropriate remarks about work and colleagues on social media account – Postings made privately, limited to employee's circle of friends, not open to public and made outside working hours – Employee dismissed from employment – Balance between employer's managerial prerogative and employee's right to privacy – Whether postings caused actual or demonstrable harm to employer's reputation or operations – Whether there was public accessibility or dissemination beyond employee's private circle – Whether remarks in postings false, malicious or defamatory – Whether postings constituted misconduct warranting dismissal – Whether penalty of dismissal proportionate to act complained of – Whether employee dismissed with just cause or excuse – Whether there was contributory misconduct by employee – Industrial Relations Act 1967, ss. 20(3) & 30(5)