The determination of employer-employee relations depends on contractual documents; jurisdiction is defined by the governing law stipulated within those contracts.

[1] This is a reference under s 20(3) of the Industrial Relations Act 1967 (the Act) by the Honourable Minister of Human Resources, emanates from the dismissal of Ballester Antoine Philippe Louis ("the Claimant") by Sonepar South East Asia Sdn Bhd ("the Company") on 24 July 2020.

Preamble

[2] This case was partly heard before the Learned Chairman Tuan Teoh Chin Cheong and upon the exist of the said Learned Chairman from the Industrial Court, the hearing was continued before me. With this regard, s 23(6) of the Act reads as follow:

"During the absence or inability to act from illness or any other cause by the Chairman, the Yang Di-Pertuan Agong may appoint another person to exercise the powers or perform the functions of the Chairman and, notwithstanding that the Chairman may have resumed the duties of his office, the person so appointed may continue to exercise the powers or perform the functions for the purpose of completing the hearing and determining any trade dispute or matter commenced before him."

[3] Thus, it is clear that s 23 (6) of the Act allows another Chairman to continue hearing and determine a part heard case. Reference is also made to the High Court decision in Bax Global (Malaysia) Sdn Bhd v. Sukhder Singh Pritam Singh & Anor, 2010 MarsdenLR 686 wherein it was held that a Learned Chairman has the jurisdiction to hand down an Award in a matter heard by another Chairman.

[4] This Court will determine the issues before it and make its findings based on the pleadings, notes of proceedings, the relevant oral and documentary evidences, the cause papers and submissions. The following documents were filed before this Court:

(i) Statement of Case dated 12 April 2021;

(ii) Statement In Reply dated 28 May 2021;

(iii) Rejoinder dated 2 July 2021;

(iv) Company's Bundle of Documents: COB-1;

(v) Company's Bundle of Documents (2): COB-2;

(vi) Company's Bundle of Documents (3): COB-3;

(vii) Claimant's Bundle of Documents: CLB-1;

(viii) Claimant's Bundle of Documents (2): CLB-2;

(ix) Claimant's Bundle of Documents (3): CLB-3;

(x) Amended Witness Statement of Ballester Antoine Philippe Louis: CLWS-1;

(xi) Witness Statement of Yvonne Tan Si-Ting: COWS-1

(xii) Witness Statement of Johan Jacob M. Verbeek: COWS-2

(xiii) Witness Statement of Lola Roquinarc'h: COWS-3;

(xiv) Company's Written Submission dated 14 September 2022;

(xv) Claimant's Written Submission dated 19 September 2022;

(xvi) Company's Written Submission In Reply dated 13 October 2022; and

(xvii) Claimant's Written Submission In Reply dated 14 October 2022.

The Company's Case

[5] The Claimant was employed by Sonepar SAS (a Company based in France) from 1 April 2019 as VP Finance South East Asia with an executive status. The Open Ended Working Contract was executed between parties on 20 December 2018 (Employment Contract). Salient terms of the Employment Contract are as follows:

a) That the Claimant's fixed compensation will be 115,000.00 euros per annum;

b) That the Claimant's primary working place will be in Paris but may be required to go for long and/or short trips in France or abroad; and

c) That the Employment Contract is subject to French Law and exclusive jurisdiction of the French Court.

[6] Following the execution of the Employment Contract, the Claimant, on the same day, agreed for an Expatriation Assignment. In accordance with the Expatriation Agreement, the Claimant was appointed as VP Finance South East Asia and was placed in its branch subsidiary office in Malaysia, being the Company. The salient terms of the Expatriate Agreement are as follows:

a) That Sonepar SAS remains to be the employer and company of attachment;

b) The Expatriate Agreement is conditional upon maintaining the Employment Contract;

c) In the event of any t