AWARD

Syed Noh Said Nazir @ Syed Nadzir:

Reference

[1] This is a reference dated 7 October 2020 made under s 20(3) of the IRA 1967 ("the Act") arising out of the dismissal of Lim Sze Kai (hereinafter referred to as "the Claimant") by HKBN JOS (Malaysia) Sdn Bhd (hereinafter referred to as "the Company") on 21 April 2020.

Salient Facts

[2] On 15 June 2016, the Claimant commenced his employment with the Company as the General Sales Manager (M2) (See: pp 3 to 8 of CLB1) and was offered the initial remuneration in the forms of a basic monthly salary of RM11,000.00 (See: Clause 1, p 3 of CLB1) and monthly allowances of RM250.00 (Handphone Allowance) and RM600.00 (Travelling and Parking Allowance) [See: p 9 of CLB1].

[3] On 26 September 2016, the Claimant was confirmed in his employment as the General Sales Manager (M2), with retrospective effect on 20 September 2016. [See: p 10 CLB1]. The Claimant managed the marketing and sales team and the Company had placed several sales employees under the supervision of the Claimant.

[4] On 17 April 2017, the Claimant's monthly basic salary was adjusted and increased to RM11,605.00, with effect from 1 April 2017 (See: page 3 CLB2) On 29 June 2017, 3 mon