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2024 MarsdenLR 1703
INDUSTRIAL COURT KUALA LUMPUR
JAMES OLIVER WARREN – Appellant
Versus
KERETAPI TANAH MELAYU BERHAD – Respondent
Award No: 700 of 2024 [Case No: 22/4-621/23]
The court determined that the claimant's resignation was voluntary, not forced, as evidenced by extensive negotiations and lack of coercion.
Headnote:(A) Industrial Relations Act 1967 – Section 20(3) – Dismissal – Claimant alleged forced resignation due to workplace harassment allegations – Court found resignation was voluntary, supported by extensive negotiations and absence of duress – Claimant's case dismissed. (Paras 1, 33, 75)
(B) Burden of Proof – In cases of disputed dismissal, the burden lies on the employee to prove forced resignation – Claimant failed to establish that resignation was not voluntary. (Paras 37, 74)
Facts of the case: The Claimant was dismissed by the Company, alleging forced resignation due to harassment claims and pressure from HR. The Company contended resignation was voluntary following negotiations. (Paras 1, 75)
Findings of Court: The Court found no evidence of coercion or duress, concluding that the Claimant voluntarily resigned after negotiations. (Paras 75)
Issues: Whether the Claimant voluntarily resigned or was forced to resign; if forced, whether dismissal was with just cause. (Paras 33)
Ratio Decidendi: The Court ruled that resignation was voluntary, supported by the Claimant's own negotiations and absence of evidence of coercion. (Paras 75)
Result: Claimant's case dismissed.
AWARD
Reference
[1] This is a reference made under s 20(3) of the Industrial Relations Act 1967 (Act 177), arising out of the dismissal of James Oliver Warren (hereinafter referred to as "the Claimant") by Keretapi Tanah Melayu Berhad (hereinafter referred to as "the Company") on 26 September 2022.
[2] The reference by the Director General of Industrial Relations ("DGIR") in this case required the Court to hear and determine the Claimant's complaint of dismissal by the Company on 26 September 2022.
I. Procedural History
[3] The Court received the letter pertaining to the Ministerial reference under s 20(3) of the Industrial Relations Act 1967 on 3 April 2023.
[4] The matter was fixed for mention on 27 April 2023, 4 July 2023 and 29 August 2023.
[5] The trial commenced on 24 October 2023 and concluded on 20 December 2023.
II. The Parties' Positions On The Merits
(i) The Claimant
[6] The Claimant commenced employment with the Company under a three- year contract effective from 3 January 2022 as the Head of Malaysian Rail Academy ("MyRA") reporting to the Chief Corporate Officer of the Company, ie En Suhaimi Yaacob, and was based in Batu Gajah, Perak.
[7] During his tenure, the Claimant had brought about changes and turned MyRA from a cost centre to a profit centre of operation. However, this did not go well with the Railwaymen's Union of Malaya ("RUM"), wherein they had created fear amongst the employees working under the Claimant by communicating various false messages highlighting their unhappiness through RUM's official Facebook page and WhatsApp messages.
[8] On 21 January 2022, there was a break-in incident into the Claimant's office where the Company's blank employee transfer forms were placed on the desks of each employee working under the Claimant. The Claimant was away on the said morning due to a prior engagement with a senior official of the Company and only knew about it when he was notified by the Head of Human Resources.
[9] The Claimant denied placing the said blank employee transfer forms on the employees' desks and was requested by the Human Resources to carry out an investigation. Meanwhile, RUM had posted a message on their Facebook page implying the act was done by the Claimant and warned the Claimant to be careful. In the said Facebook post, RUM had also ridiculed the Claimant and resorted to calling of names referring to the Claimant as "a monkey who should be sent to the jungle to be friends with other monkeys but not humans". The Claimant's personal data, including his salary details were also posted on RUM's Facebook page, in clear breach of the Personal Data Protection Act 2010 .
[10] The Claimant had made several reports regarding the abuse of the RUM Facebook page and breach of confidential information to the Head of Human Resources, ie En Mohamed Aslam bin Iqbal Mohamed (COW1). However, there was no action taken. The Claimant thereafter had no choice but to lodge a police report in order to protect himself.
[11] Despite the animosity created by RUM, the Claimant's employees were happy working under his guidance and the Claimant in fact managed to recommend and got four of his staff promoted. This was again made the focus on RUM's Facebook page where the union had put fear into MyRA staff that only RUM had the authority to help with staff promotions and put scrutiny into the promotion process which was signed off by the COO and COW1.
[12] The Claimant had played a crucial part in turning around his department from cost centre to a profitable one. He did not take leave for 6 months, including during the Hari Raya break, highlighting his tracking monthly of performance, eg target of RM10,000,000.00 and managing his team focusing on promotion success. The Claimant was also initially updated that even if he resigns, the unutilised leave kept would not be honoured. At the time of his forced resignation, the Claimant also tracked performance success and revenue at RM7,596,418.45 including cro
