The court ruled that the claimant's employment ended upon accepting a new role in China, and there was no unlawful dismissal by the company.

AWARD

Vanithamany Sivalingam:

Reference

[1] This is a reference by the Honorable Minister of Human Resource, Malaysia to this Industrial Court under s 20(3) of the Industrial Relations Act 1967 ("The Act") for an award in respect of the dispute arising out of alleged termination of SURESH A/L SAMMUGGAM ("The Claimant") by his employer, LEAR AUTOMOTIVE (M) SDN BHD ("The Company").

[2] This Court takes cognizance of the following bundles, statements, submission and cause papers filed.

Documents In Court Files

I. Statement of case dated 30 September 2021.

II. Statement of reply dated 3 November 2021.

III. Rejoinder dated 16 November 2021.

IV. Claimant's Bundle of Document (CLB 1, CLB 2)

V. Claimant's Additional Bundle of Document (CLB 3)

VI. Company's Bundle of Document (COB 1, COB2, COB3, COB 4, COB 5 & COB 6)

VII. Company Bundle of Authorities (Volume 1)

VIII. Company Written Submission dated 6 November 2023.

IX. Claimant Written Submission dated 3 November 2023.

X. Witness Statement of the Claimant (CLWS4A)

XI. Additional Witness Statement of the Claimant (CLWS4B)

XII. Witness Statement of the Claimant - ANTHONY CHARLES LUGG (CLWS1)

XIII. Witness Statement of the Claimant - ERMA BINTI ABDUL GHANI (CLWS2)

XIV. Witness Statement of the Claimant - AZLINA BINTI AHMAD (CLWS3)

XV. Witness Statement of the Company - KOE BAN SENG (COWS1A)

XVI. Additional Witness Statement of the Company - KOE BAN SENG (COWS1B)

XVII. Witness Statement of the Company - GAN FATT SENG (COWS2A)

XVIII. Additional Witness Statement of the Company - GAN FATT SENG (COWS2B)

XIX. Witness Statement of the Company - RATHNAMALAH A/P MUNIANDY (COWS3)

Brief Facts

The Claimant'S Case

[3] The Claimant joined the Company on 9 June 2014 as Senior Manager of Sales. In 2016, the Company promoted the Claimant and requested to relocate to Shanghai, China to lead the broader job role and support the business growth in Asia Pacific region for a period of 3 years from 2017.

[4] The Company offered the job to the Claimant and the Claimant did not at any time applied for the same. The Claimant discussed with Jeff Edward being the Global Sales Vice President ("VP") to confirm the job scope and other details. According to Kevin Burke being the Vice President of Human Resource Asia Lear ("Kevin Burke"), the Claimant was informed that upon completion of 3 years in China, the Claimant's contract may be extended or relocated back to Malaysia. Hence, the Claimant accepted the offer and agreed to be relocated to Shanghai with his family.

[5] The Claimant thereafter entered into the contract of employment with Lear (China) Holding Limited ("Lear China") on 20 February 2017 for a period of 3 years until 19 February 2020. The Company issued Form CP21 which stated the reason for leaving the country as 'transfer'. Further, the Company has been reimbursing the ticket fare to the Claimant back and forth to Kuala Lumpur and China.

[6] On 24 November 2019, the Claimant had a meeting with Ms Christine being the Human Resource of Lear China and Ms Anita wherein the Claimant was informed that his contract was not extended, thus he was required to serve the 3 months notice.

[7] The Claimant signed the termination agreement and emailed Mr Koe Ban Seng being the Director of Human Resource ("COW1") with regards to the arrangement of returning to Malaysia. COW1 emailed the Claimant and mentioned that the Company will bear the one-way cost of flying back to Malaysia together with all the cost of the shipments. The Claimant returned to Malaysia in January 2020.

[8] On 21 February 2020, the Claimant returned to the Company to report to work and met COW1. The Claimant was informed that there was no available position for him and therefore the Company was unable to offer any job to him. Despite numerous attempts to liaise with the Company with regards to the status of employment with the Company, the Claimant emailed the Company on 29 July 2020 and the Company replied to the Claimant's email on 6 August 2020 and informed the Claimant that h