AWARD

Syed Noh Said Nazir @ Syed Nadzir:

Reference

[1] This is a reference by the Honourable Minister of Human Resources under s 20(3) of the Industrial Relations Act 1967 in respect of the termination of Chan Yeon Kum (hereinafter referred to as "the Claimant") by the respondent Stampro International (M) Sdn Bhd (hereinafter referred to as "the Company") on 27 October 2020 in order for the case to be heard and a final award be handed down.

Factual Matrix

[2] By a Letter of Employment dated 1 June 2020 ("LE"), the Company had offered and the Claimant had accepted the position as a Production Manager with the Company, subject to the terms and conditions stipulated in the LE. The terms and conditions under the LE are, inter alia, as follows.

General Scope Of Responsibilities

[3] The only task and/or work that the Claimant has to do as a Production Manager, which the Company had made clear to the Claimant, while interviewing with the Claimant, is that the task and/or work for him is to work on the machine with model PSX-6886 to enable the said machine to operate and to maintain the machine, which the Claimant has agreed to, and has promised the Company that the machine will be able to oper