Noor Ruwena Mohd Nurdin:

[1] The Ministerial reference in this case required the Court to hear and determine the claimant's complaint of dismissal by the company on 14 June 2018 and was received by the Industrial Court on 24 October 2018.

Factual Matrix

[2] The company is part an insurance company which is a part of the AIA Group. The claimant joined the company as a Telemarketing Manager on 28 February 2003. On 4 March 2013, the claimant was appointed as Assistant Vice-President, Telemarketing, Outbound Contract Centre ("OCC"), Direct Marketing Partnership Distribution. This was after ING Malaysia's operations was sold to the AIA Group. The claimant's functional responsibility was for both AIA Malaysia and ING Malaysia then. He reported to the Head of the OCC, Ms Lim Cheh Ling. On 1 January 2014, the claimant's position was titled Associate Director, Direct Marketing OCC and then on 1 March 2016, the claimant was re-designated to Senior Associate Director of the OCC. His last drawn salary was RM30,340.00. Whilst in the company's service, the claimant was subjected to its Code of Conduct.

[3] On 12 April 2018, a complaint was lodged by one Ms S ("the Complainant") who was one of t