AWARD

Syed Noh Said Nazir @ Syed Nadzir:

[1] The Ministerial reference in this case required the court to hear and determine the claimant's complaint of dismissal by the company on 27 February 2018. This case was transferred from court 12 to court 31 on 26 April 2019 and was heard before Chairman of court 31, Syed Noh Bin Syed Nazir@Syed Nadzir and was thereafter transferred to this division of the court on 6 January 2020 pursuant to the instructions from the learned YA Tuan Yang Dipertua, Mahkamah Perusahaan Malaysia in order for a final award be handed down.

Factual Matrix

[2] The claimant is a person with legal background wherein he was a solicitor admitted to the Supreme Courts of England and Wales before he joined the company as a General Manager-Legal and Human Resource.

[3] The claimant commenced employment with the company whose business is basically a building materials trading company (Annual Report 2018, COB- 2, p 21) with effect from 1 March 2006 pursuant to the Letter of Appointment dated 1 March 2006 ["Letter of Appointment"] on a starting salary of RM8,000.00 per month (CLB-1, pp 1-4) and was put on a probationary basis for six months.

[4] He was confirmed in his position