The employer must demonstrate just cause for dismissal under fixed term contracts, as termination simpliciter is not applicable in industrial jurisprudence.

The Reference

[1] This is a reference dated 22 October 2020 by Honourable Minister of Human Resources pursuant to s 20(3) of the Industrial Relations Act 1967 ("The Act") arising out of the dismissal of MUHAMMAD SAID BIN HJ ABDULLAH ("Claimant") by MELAKA BEKAL SDN BHD ("Company") on the 31 May 2020.

[2] Pursuant to the directions of this Court, the parties in this matter filed their respective submissions dated 11 April 2023 (Claimant's written submissions), 14 April 2023 (Company's written submissions), and 17 May 2023 (Claimant's written submissions in reply).

[3] 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 Amended Statement of Case date 9 May 2022;

(ii) The Company's Statement in Reply dated 10 March 2021;

(iii) The Claimant's Rejoinder dated 22 March 2021;

(iv) The Claimant's Bundle of Documents - CLB;

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

(vi) The Claimant's Witness Statement - CLW - WS;

(vii) Company's Witness Statement - COW- WS (Syahirah Binti Yahya);

Introduction

[4] The dispute before this Court is the claim by the Muhammad Said Bin Hj Abdulllah that he was dismissed from his employment by the Company without just cause or excuse on the 31 May 2020.

[5] By offer letter dated 30 December 2019 the Claimant was offered a fixed term contract of employment as a Manager in the Department of Business Development & Marketing of the Company for a period starting from the 1 January 2020 until 31 December 2020 and the Claimant accepted the fixed term contract of employment on the 2 January 2020. The Claimant's monthly salary was RM5,450.00 and was further paid a fixed allowance of RM550.00 per month. The Claimant states that in his role as the manager he has carried out his role and responsibilities diligently and honestly in accordance with his job description. However the Company on the 1 May 2020 without any justification issued a termination letter to the Claimant informing him that the Claimant's contract of employment with the Company will be terminated on the 31 May 2020 pursuant to cl 9 of the Claimant's contract of employment dated 1 January 2020. The Claimant argues that the termination of the Claimant from his employment with the Company shows that the Company has engaged in unfair labour practices wherein the Claimant now states that the dismissal of the Claimant from his employment with the Company on the 31 May 2020 before the expiry of the fixed term contract was a dismissal without just cause or excuse and prays that he be reinstated to his former position in the Company without any loss of wages and other benefits.

[6] The Company does not deny that it has employed the Claimant on a fixed term contract of employment from the 1 January 2020 until 31 December 2020. The Company states that pursuant to cl 9 of the fixed term contract agreed between the Claimant and the Company, the Company is entitled to terminate the Claimant's contract at anytime by giving the Claimant one month notice period of such termination. The Company further states that it has complied with the terms of the fixed term contract by giving the Claimant 1 month notice before the Claimant was terminated from his employment with the Company. The Company now states that the Claimant's dismissal from his employment with the Company was properly carried out in view of the terms of the fixed term contract of employment between the Claimant and the Company and as such the Claima