AWARD

Ani Solep @ Julia Anne Marie Solep:

[1] This is a Ministerial reference to the Industrial Court under s 20(3) of the Industrial Relations Act 1967 ( IRA ) made on 8 December 2020 for an award in respect of the dismissal of Bong Soi Fah (Claimant) by United Consultants (Company/Respondent) on 18 May 2020.

Background Facts

[2] The Respondent is an engineering consulting firm which operates in Sarawak. The Claimant was, vide a Letter of Offer dated 6 January 2020, employed by the Respondent as Clerk of Works to oversee a project undertaken by the Respondent, "Cadangan Pembangunan Landskap Perbandaran, Bintulu, Sarawak" (Bintulu Project) with effect from 6 January 2020.

[3] While working as Clerk of Works at the Bintulu Project, the Claimant was paid a basic salary of RM3,700.00 per month and monthly site allowance and housing allowance of RM800.00 and RM700.00 respectively.

[4] On or about 16 March 2020, the said Bintulu Project ceased to operate as the result of the implementation of the Movement Control Order (MCO) brought about by Covid-19 pandemic. When the MCO was implemented, the Claimant without the express consent or knowledge of the Company left Bintulu and travelled back t