The court determined that the claimant's employment was under genuine fixed term contracts, which expired, and found no dismissal without just cause.

AWARD

Augustine Anthony:

The Reference

[1] This is a reference dated 2 March 2022 by the Director General of the Department of Industrial Relations, Ministry of Human Resources pursuant to s 20(3) of the Industrial Relations Act 1967 ("The Act") arising out of the alleged dismissal of ZULFEKA BIN ZAINAL ABIDIN (Claimant) by PERCETAKAN NASIONAL MALAYSIA BERHAD (Company) on the 31 October 2021.

[2] Pursuant to the directions of this Court, the parties in this matter filed their respective submissions dated 28 December 2023 (Claimant's written submissions), 16 January 2024 (Company's written submissions), 29 January 2024 (Claimant's written submissions in reply) and 9 February 2024 (Company's written submissions in reply).

[3] This Court considered all the notes of proceedings in this matter, documents and cause papers in handing down this Award namely:

(i) The Claimant's Statement of Case dated 9 May 2022;

(ii) The Company's Statement in Reply dated 21 July 2022;

(iii) The Claimant's Rejoinder dated 1 August 2022;

(iv) The Claimant's Bundles of Documents - CLB 1, CLB 2, CLB 3, CLB 4 and CL 5;

(v) The Company's Bundles of Documents - COB1 and COB 2;

(vi) A Written Cross Examination Questions for the Claimant by the Company - CO3;

(vi) The Claimant's Witness Statement - CLW - WS(1) and WS(2) - (Encik Zulfeka Bin Zainal Abidin);

(vii) Company's Witness Statement - COW - WS(1) and WS(2) - (Encik Sulaiman @ Khirriffin Ahmad);

Introduction

[4] The dispute before this Court relates to the claim by Zulfeka Bin Zainal Abidin ("Claimant") that he was dismissed from his employment without just cause or excuse by Percetakan Nasional Malaysia Berhad ("the Company") on the 31 October 2021.

[5] The Company, Percetakan Nasional Berhad needs no introduction. Synonymous with its name, the Company is involved in the business of printing. The Claimant commenced employment with the Company on the 1 November 2017 as the Company's Head of Key Account Management for a fixed term contract of 2 years ending on the 31 October 2019 with a salary of RM12,000.00. It is the Claimant's version that he took up this employment in the Company after much persuasion by the former Managing Director of the Company who assured him that though it is a fixed term contract but it is in fact a permanent contract of employment which was disguised as a fixed term contract of employment. It is the Claimant's contention that his contract of employment was renewed without any break in the contract for another 2 years from 1 November 2019 to 31 October 2021 by way of an offer of employment dated 14 October 2019 due to his good performance. By this new fixed term contract, the Claimant was made the Head of Sales, Marketing & Business Development and was paid a salary of RM25,000.00 which amounts to more than 100% increment from his previous salary. The Claimant states that due to his good performance he was further promoted to the position of Senior Director, Corporate Liason & Communication effective 15 February 2021.

[6] Sometime in February 2020, a new Chief Operating Officer (COO) was appointed who then became the Group Chief Operating Officer (GCOO) in May 2020. It is the Claimant's version that he had raised many issues relating to the integrity in the operation and management of the Company with whistle blower report which did not go well with the GCOO. The Claimant state that the GCOO with an ulterior motive had discreetly and systematically acted in bad faith to ensure the Claimant's contract of employment is either terminated or ended. It is the Claimant version that by an email dated 9 July 2021, he enquired from GCOO about his whistle blower report which led to a meeting thereafter on the 27 July 2021 with the whistle blower committee wherein the Claimant was briefed about the outcome of the investigation arising from the complaint made by the Claimant.

[7] The Claimant states that in a surprising move which shocked the Claimant, he was handed a letter on the 27 July 2021 which lett