A fixed term employment must be genuine; dismissal based solely on non-renewal without just cause is unjustified.

AWARD

Arun Kumar S Kanesin:

Reference

[1] This is a reference made by the Director General of Industrial Relations dated 4 April 2023, pursuant to s 20(3) of the Industrial Relations Act 1967 , for this Court to hear and determine the matter of dismissal of Muhammad Khairul Anwar bin Khairuddin ("the Claimant") by Transpacc Property Management Sdn Bhd ("the Company").

[2] The hearing of this matter was held on 1 March 2024 and 13 June 2024. The matter was heard before the previous Chairlady of Court 13, Yang Arif Puan Selva Rani Thiyagarajan. The award will now be handed down by the current Chair of Court 13, who took office on 18 November 2024.

[3] The following documents were filed before the Court :

a. Company's Bundle of Documents (COB 1);

b. Company's Additional Bundle of Authorities (COB 2);

c. Claimant's documents attached to Statement of Case (CLB 1); and

d. Claimant's documents attached to Rejoinder (CLB 2).

[4] During the course of the hearing, the Company called one (1) witness, Tan Beng See (COW 1), whose witness statement was tendered and marked as COWS 1. The Claimant testified on his behalf for his case and his witness statement was marked as CLWS 1.

A. Claimant's Case

[5] The Claimant was offered a contract of employment by the Company for the position of Building Executive.

[6] One of the terms of the contract of employment dated 21 March 2022 is that the employment is for a fixed term of three (3) months, which shall take effect from 24 March 2022 and shall terminate on 23 June 2022.

[7] The Claimant was paid a basic salary of RM3,000.00 per month.

[8] The Claimant states that on 20 June 2022, he contacted the HR Manager, Puan Syafina in respect of his status of employment and was assured that he would still be an employee of the Company, notwithstanding the offer of fixed term of three (3) months contract.

[9] However, the Claimant continued to be employed by the Company post 23 June 2022, but on 5 August 2022 he received an email with an attachment containing a letter dated 4 August 2022 stating that the Claimant's employment will not be renewed. It is expressly stated in the said letter dated 4 August 2022, that the Claimant's last working day with the Company would be 3 September 2022.

[10] The Claimant claims that his termination is without just cause and excuse, as it was termination simpliciter.

B. Company's Case

[11] The Company denies that it had unfairly terminated the Claimant's employment without just cause and excuse.

[12] The Company states that it offered the Claimant employment, by way of a letter dated 21 March 2022, in which the Claimant was employed for a fixed duration of three (3) months.

[13] The Claimant's job function as a Building Executive, include but are not limited to the following:

(a) To ensure all cash collections are banked in on daily basis;

(b) To ensure daily collections are updated daily and accurately according to management format;

(c) To ensure all collections are banked in within 24 hours from date of collection;

(d) To ensure administrative clerks update the daily collection into property butler system on daily basis;

(e) To ensure monthly reports are ready 1 week before the monthly meeting;

(f) To reply to all WhatsApp messages posted by committee members within 10 minutes;

(g) To attend and reply to all emails on same business day. If unsure of reply, please check with management;

(h) To update daily on WhatsApp the status of project based on format determined by management;

(i) To update all task regularly on daily basis into property butler system;

(j) To be responsible onsite staff's work conduct, attendance and performance;

(k) To be in control of all issues affecting the project managed by the manager;

(l) To ensure working relationship with committee members are smooth and cordial at all times;

(m) All quotations must be referred to operations director before submitting to committee members;

(n) To ensure site duties are not affected due to absence or leave application of any site staff