The employer bears the burden of proof to justify dismissal; failure to do so results in the dismissal being deemed without just cause.

AWARD

Augustine Anthony:

Reference

[1] This is a reference dated 27 January 2023 by the Director General of the Department of Industrial Relations, Ministry of Human Resources pursuant to s 20(3) of the Industrial Relations Act 1967 ("The Act") arising out of the dismissal of Ang Chin Gaik (Claimant) by WV Services Malaysia Sdn Bhd (Company) on the 18 June 2022.

[2] Pursuant to the directions of this Court , the Claimant in this matter filed his written submissions dated 6 January 2025. The Company failed to attend the full hearing/trial of this matter and also failed to file any written submissions in this matter.

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

(i) The Claimant's Statement of Case dated 15 March 2023;

(ii) The Company's Statement in Reply dated 22 November 2023;

(iii) The Claimant's Rejoinder dated 28 November 2023;

(iv) The Claimant's Bundle of Documents - CLB1, CLB2, CLB3 & CLB4;

(v) The Claimant's Witness Statement - CLW - WS (Mr Ang Chin Gaik);

(vi) Though the Company has filed Bundles of Documents and Witness Statements, the same were disregarded by this Court due to the absence of the Company/Company's witness/s on the hearing date of this matter.

Introduction

[4] The dispute before this Court relates to the claim by Ang Chin Gaik ("Claimant") that he was dismissed from his employment without just cause or excuse by WV Services Malaysia Sdn Bhd ("the Company") on the 18 June 2022.

[5] The Claimant first commenced employment with the Company on the 11 December 2015 as a Director of the Company. Additionally the Claimant was also offered by the Company to serve as the General Manager of the Company effective 1 May 2016. The Claimant's position as the Director and General Manager of the Company was terminated on the 4 December 2020 though the Claimant continued to remain as the Director of the Company without any pay. Then effective 15 November 2021 the Claimant was again offered the position as the General Manager of the Company. The Claimant's employment as the Director/General Manager came with a salary and his last drawn salary was RM68,836.11 per month together with a fixed monthly allowance of RM200.00 per month. The Company then terminated the Claimant's employment on the 18 June 2022 without giving any reason for the said termination. In view of the Company's conduct in terminating the Claimant's employment, the Claimant now states that the Company had dismissed him 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 Claimant gave evidence under oath and remained the sole witness for his case. The Company having filed its Statement in Reply, Documents and Witness Statement failed to attend the hearing of this matter despite being fully aware of the dates of hearing fixed by this Court . It is noteworthy to state here that this Court had on the 13 March 2024 fixed the hearing of this matter falling on the 25 November 2024 and 26 November 2024 with the agreement of both the learned counsel of Claimant and the Company. The Company's solicitors then discharged themselves from further acting for the Company by a letter dated 6 August 2024. Thereafter the Company showed no interest in appointing any new solicitor to act for the Company or to appear with the Company's representative in Court , even on the hearing date fixed on the 25 November 2024.

The Company's Case

[7] The Company was absent on the hearing date thus there is nothing before this Court in support of the Company's case. The Company's Statement in Reply dated 22 November 2023 and the Company's documents are disregarded by this Court in arriving at its decision.

The Claimant's Case

[8] The Claimant's case can be summarised as follows:

i. The Claimant commenced employment with the Company on the 11 December 2015 as a Director of the Company;

ii. Additionally the C