The dismissal of an employee must be justified with clear evidence; failure to prove just cause results in the dismissal being deemed unlawful.

The Reference

[1] This is a reference dated 4 January 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 dismissal of NADIAH BINTI OTHMAN ("Claimant") by GDP INTERIORS SDN BHD ("Company") on the 23 December 2020.

[2] It was mutually agreed by all parties that the instant case be heard together with Case No: 4/4-44/22 (between Mohd Hamdi Bin Mohmad Zaini v. GDP Interiors Sdn Bhd). As these cases have not been consolidated but only heard together, this Court will hand down separate and distinct Award for each individual case which highlights the distinct facts of each of the cases. For convenience the Claimants in the above cases may also be referred to in the following manner whenever the need arises:

(i) Nadia Binti Othman (CLW1 / 1st Claimant);

(ii) Mohd Hamdi Bin Mohmad Zaini (CLW2 / 2nd Claimant);

[3] Further pursuant to the directions of this Court, the parties in this matter filed their respective submissions accordingly. This Court received the following written submissions of the parties namely the Company's written submissions dated 11 May 2023, the Claimant's written submissions dated 22 May 2023, the Company's written reply submissions dated 12 June 2023 and the Claimant's written submissions in reply dated 16 June 2023.

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

(i) The respective Claimants' Statements of Case dated 21 February 2022 with the Annexure therein;

(ii) The Company's Statements in Reply dated 23 March 2022 with the Annexure therein;

(iii) The respective Claimants' Rejoinders dated 11 May 2022 and 24 August 2022;

(iv) The respective Claimants' Bundles of Documents - CLB1 and CLB2;

(v) The Company's Bundles of Documents - COB1, COB2, COB3, COB4, COB5 & COB6;

(vi) The 1st Claimant's Witness Statement - CLW1 - WS (Puan Nadiah Binti Othman;

(vii) The 2nd Claimant's Witness Statement - CLW2 - WS (Encik Mohd Hamdi Bin Mohmad Zaini);

(viii) Company's Witness Statement - COW1- WS(1) & COW1 - WS(2) - (Puan Maria Bt Mohammad);

(ix) Company's Witness Statement - COW2 - WS(1) & COW2- WS(2) - (Puan Zainab Ahmad Merican);

Introduction

[5] The dispute before this Court is the claim by Nadiah Binti Othman (The Claimant / 1st Claimant) that she has been dismissed from her employment without just cause or excuse by GDP Interiors Sdn Bhd (Company) on the 23 December 2020.

[6] The Claimant commenced employment with the Company on the 15 October 2012 and was subsequently confirmed in her employment. The Claimant's last position in the Company was "Interior Designer" and the last drawn salary at the time of her dismissal from employment was RM2,800.00 per month. The Claimant states that she was shocked to receive a termination letter from the Company on the 23 December 2020 wherein the Company has raised force majeure as its reason for terminating the Claimant from her employment. The Company contended that the force majeure was occasioned by the economic situation in the country resulting in the Company not have any further projects and this has left the Company with no choice but to shut down its operation temporarily. The Claimant however state that the Company still has ongoing projects and the excuse that the Company has no more projects are without basis. The Claimant now state that she was dismissed from her employment by the Company without just cause or excuse and prays that she be reinstated to her former position in the Company without any loss of wag