The court established that a resignation is voluntary unless proven otherwise, and the burden of proof lies with the claimant in cases of alleged forced resignation.

AWARD

Pravin Kaur Jessy:

Reference

[1] This is a reference dated 10 March 2023 by the Director General of Industrial Relations Malaysia to s 20(3) of the Industrial Relations Act 1967 ("The Act") arising out of the alleged dismissal of Mohd Nasir Bin Johari (Claimant) by Myburgerlab Sdn Bhd (Company) on the 28 February 2022.

[2] The Director General of Industrial Relation's reference in this case requires the Court to hear and determine the Claimant's complaint of dismissal by the Company on 28 February 2022.

[3] In reaching this decision, the Court has carefully examined and analysed all relevant documents, submissions and the cause papers submitted in this case namely:

(i) Statement of Case dated 18 May 2023 ("SOC");

(ii) Statement in Reply dated 10 July 2023 ("SIR");

(iii) Rejoinder dated 15 August 2023 ("Rejoinder");

(iv) Claimant's Bundles of Documents - CLB-1, CLB-2;

(v) Company's Bundles of Documents - COB-1, COB-2, COB-3;

(vi) Claimant's Witness Statements - CLWS-1;

(vii) Witness Statement of Chin Ren Yi (COW-1) - COWS-1a, COWS-1b;

(viii) Notes of Proceedings;

(ix) Company's Written Submission In Reply dated 20 December 2024 and Company's Bundle of Authorities;

(x) Claimant's Written Submission dated 31 December 2024 and Claimant's Bundle of Authorities;

(xi) Company's Written Submission In Reply-1 dated 4 February 2025; and

(xii) Claimant's Written Submission in Reply dated 4 February 2025 and Claimant's Bundle of Authorities 2.

Background

[4] The dispute before this Court relates to the claim of forced resignation by Mohd Nasir Bin Johari ("Claimant") on the 28 February 2022.

The Claimant's Case

[5] The Claimant in his Statement of Case and Rejoinder pleaded inter alia as follows:

5.1. He was appointed as a Production Manager and CK Expansion Lead by the Company to oversee all operations of the Company's outlet in Central Kitchen.

5.2. His job scope included the following:

(a) Monitor the daily operations of the Company's outlet in Central Kitchen, ensuring operations run smoothly without any downtime;

(b) Ensuring that each product is sufficient for the outlet's use;

(c) Ensuring "Production Planning" for each product daily;

(d) Ensuring product quality meets the required standards;

(e) Ensuring that the products produced from the Company's outlet in Central Kitchen are Halal, clean and safe to eat;

(f) Ensuring that each raw material is sufficient for the use in the Company's outlet in Central Kitchen;

(g) Ensuring that every raw material has a Halal Certificate from any certified body recognized by JAKIM;

(h) To cooperate with HALNEX (Halal Consultant) to ensure that every product produced by the Company secures a Halal Certificate;

(i) To cooperate with RC & A Refrigeration Part Supplies Sdn Bhd for the development of the Company's outlet in Central Kitchen located at 6B, Jalan Teknologi 3/5, Kota Damansara, 47810 Petaling Jaya, Selangor;

(j) Ensuring the development of the Company's outlet in Central Kitchen according to the standards set by "Jabatan Kemajuan Islam Malaysia" (JAKIM), "Kementerian Kesihatan Malaysia" (KKM), Department of Veterinary Services (DVS) and "Majlis Bandaraya Petaling Jaya" (MBPJ);

(k) Ensuring that suitable large-scale appliances and machines are in use for the Company's outlet in Central Kitchen;

(l) To cooperate with Sunward Electrical Engineering to change the electricity supply capacity for the Company's outlet in Central Kitchen;

(m) To cooperate with Munch and Teoh Consultants to solve the problems of industrial conversion from store to food processing factory as well as some problems related to the structure of the building that is not recognized by MBPJ (occurring because the original owner made modifications without MBPJ permit);

(n) To cooperate with Malaysian Investment Development Authority (MIDA) and Northern Solar Sdn Bhd for the use of solar energy at the Company's outlet in Central Kitchen;

(o) To cooperate with "Tenaga Nasional Berhad" (TNB) to change the tariffs and supply capacity at the Company's