The court upheld that the Claimant's fixed term employment was genuine, concluding no dismissal occurred as the contract expired naturally, affirming the importance of assessing employment contracts based on parties' intention and conduct.

A. Reference

[1] This is a reference by the Honourable Minister of Human Resources, Malaysia to the Industrial Court under s 20(3) of the Industrial Relations Act 1967 ("the Act") for an award in respect of a dispute arising out of the dismissal of Syed Agil Bin Syed Hashim ("the Claimant") by his employer, Malaysian Bioeconomy Development Corporation Sdn Bhd ("the Company") on 30 September 2020.

B. Brief Facts

[2] The Company was established on 13 May 2005 under the Companies Act 1965. The Company was first known as Malaysian Biotechnology Corporation Sdn Bhd The Company later changed its name to Malaysian Bioeconomy Development Corporation Sdn Bhd.

[3] The Company is involved in the development of biotechnology in Malaysia. As a Government Linked Company ("GLC"), the Company is under the purview of Ministry of Finance whilst it works closely with the Ministry of Science, Technology and innovation. Since November 2018, the Company is under the Ministry of Agriculture and Food Industries.

[4] The dispute arose out of the dismissal of the Claimant from the services of the Company effectively on 30 September 2020. At the time of his dismissal, the Claimant was holding the post of Chief Investment Officer in the Company with monthly salary of RM37,100.00 and a fixed allowance of RM2,500.00 per month.

[5]Vide an employment agreement dated 29 December 2005, the Claimant commenced his employment as Vice President, Corporate & Finance effective from 15 February 206 until 14 February 2008. This appointment was for a fixed duration of 2 years.

[6] With effect from 6 March 208 until 5 March 2010, the Claimant was offered another fixed term contract as Vice President, Corporate Planning & Finance by the Company.

[7] By way of a letter dated 18 February 2010, the Claimant was appointed as the Acting Senior Vice President, Corporate Services for 6 months, effective from 17 February 2010.

[8] Vide an agreement dated 26 March 2010, the Claimant was offered an employment contract by the Company, again for a duration of 2 years effective from 6 March 2010 (3rd Contract). This time, the Claimant's appointment was as the Vice President, Corporate Planning & Finance. This agreement was however superseded when the Claimant was promoted. Vide a letter dated 29 October 2010, the Claimant was informed that he will be promoted as the Senior Vice President, Corporate Services effective from 17 August 2010. By this letter too, the Claimant was notified that as per the Company's policy, his appointment shall be for a duration of 2 years and that the contract may be renewed at the absolute discretion of the Company. The Claimant was issued a new contract of employment, effective from 17 August 2010 until 16 August 2012 (4th Contract), as Senior Vice President Corporate Services.

[9] By an employment agreement dated 10 October 2012 (5th Contract), the Claimant was appointed as the Company's Chief Financial Officer of the Company, effective for 2 years from 17 August 2012 until 16 August 2014 at a salary of RM30,193.00 per month.

[10] The Claimant's employment as the Company's Chief Financial Officer was renewed via a fixed term contract commencing from 17 August 2014 to 16 August 2016 (6th Contract).

[11] Through a letter dated 13 July 2016, the Company appointed the Claimant as its Acting Chief Executive Officer pending the Company indentifying a suitable candidate as its CEO. This appointment was effective from 16 July 201