A fixed-term employment contract's expiration does not constitute dismissal without cause as long as it is genuinely fixed-term.

[1] The parties in this matter filed their respective written submissions on the 21 May 2019 (Claimant's Submissions), 1 July 2019 (Company's Submissions), 8 July 2019 (Company's Written Submission in Reply) and 8 July 2019 (Claimant's Written Submission in Reply).

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

(i) The Claimant's Statement of Case dated 24 September 2018;

(ii) The Company's Statement in Reply dated 1 November 2018;

(iii) The Claimant's Rejoinder dated 13 November 2018;

(iv) The Claimant's Bundle of Documents - CLB1, CLB2, CLB3(1), CLB3(2), CLB3(3), CLB3(4) & CLB3(5);

(v) The Company's Bundle of Documents - COB1 & COB2;

(vi) Claimant's Witness Statement - CLW1-WS; and

(vii) Company's Witness Statement - COW1-WS(1) & COW1- WS(2) (Jari Silventoinen).

Introduction

[3] Daniel Waelchli, the Claimant in this case commenced employment with Jeks Engineering Sdn Bhd (the Company) as Technical / Design Advisor for a contract term of 2 years commencing from the 1 July 208 to 30 June 2010. At the date of employment in 2008 the Claimant was 59 years old. Thereafter the Claimant continued to serve the Company on a further contract period for another year commencing the 1 July 2010 to 30 July 2011 (1 year contract). The Company extended this contract of employment for a further period commencing from the 30 July 2011 to 30 June 2014 (3 year contract). By another contract of employment dated 30 October 2014, the Company offered employment to the Claimant for another 2 years with the contract period commencing from 1 September 2014 to 31 August 2016 and again this contract was further extended on a yearly basis for another 2 years ending 31 August 2018.

[4] On the 23 April 2018, the Company issued a letter to the Claimant informing him that his employment contract with the Company will expire on the 31 August 2018 and that the Claimant's employment contract would be subjected to a review by the 29 June 2018.

[5] By a letter dated 29 June 2018, the Company informed the Claimant that his contract of employment will not be renewed upon its expiry on the 31 August 2018, which letter was in effect a letter notifying the Claimant that he is now given a 2 months' notice as part of the handing over process of his duties of his employment with the Company and his last day of employment will be on the 31 August 2018. Upon receipt of the letter dated 29 June 2018 from the Company on the 10 July 2018, the Claimant on the next date of 11 July 2018 made a representation under s 20 of the Industrial Relations Act 1967 (The Act) that he was dismissed from employment with the Company. However despite having made representation of his dismissal on the 11 July 2018, the Claimant continued to work for the Company and received salary for work done until the 31 August 2018.

[6] The Claimant now claims that his contract of employment with the Company was not a genuine fixed term contract and the Claimant had a legitimate expectation to have continued employment with the Company beyond 31 August 2018. In the circumstances the Claimant claims that the termination of his employment by the Company was an exercise tainted with mala fide and that the dismissal is without just cause or excuse. The Claimant now claims that he be reinstated in the Company. The Company amongst others contends that the Claimant's contract of employment was a genuine fixed term contract and that this contract of employment expired upon the non-renewal of the same on the 31 August 2018. The Company also raised a prelimi