A resignation is deemed voluntary when the employee is given options without coercion, regardless of poor job performance.

Reference

[1] This is a reference by the Honourable Minister of Human Resources, under s 20 of the Industrial Relations Act 1967 dated 22 October 2020 pertaining to the impugned dismissal of Wong Kam Cheong ("the Claimant") by Dimerco Express (Malaysia) Sdn Bhd ("the Company") on 24 February 2020.

Introduction Of Parties

The Claimant

[2] The Claimant in the present dispute is Wong Kam Cheong of No 16, Jalan Sungai Ramal 32/53, Bukit Rimau, 40460 Shah Alam, Selangor who, pursuant to a Letter of Appointment dated 2 July 1994, the Claimant commenced his employment with Solid Management Sdn Bhd ("Solid Management") which is a subsidiary of the Company; as a Sales Executive effective 18 July 1994 ("Employment Contract"). Through a transfer letter dated 31 December 2001, the Claimant's employment was transferred to Dimerco Logistics Sdn Bhd ("Dimerco Logistics"). Through a letter of transfer dated 26 February 2007, the Claimant's employment was then transferred from Dimerco Logistics to the instant Company.

The Company

[3] The Company in this reference is Dimerco Express (Malaysia) Sdn Bhd (Company No: 117713-X) of Plaza 138, Suite 18.03, 18th Floor, 138, Jalan Ampang, 50450 Kuala Lumpur. Solid Management Sdn Bhd, Dimerco Logistics Sdn Bhd and the Company are part of a group of companies under Dimerco Express Group, a mobile intelligence logistics service provider Company. Their main business deals with the supply of logistics services to clients through various means; air, ocean and rail and road carriers.

Factual Matrix

[4] At all material times, the Company acknowledged the Claimant's continuous years of service across 3 companies. For all intents and purposes, the Claimant's employment with the Company is deemed to have commenced effective 18 July 1994. The Claimant's last position with the Company was that of Country Manager - Malaysia. As Country Manager, the Claimant's responsibilities included, among other things, leading, developing and driving the organisation's commercial operations as well as achieving its financial and market share goals. The Company has 3 different branches across the country in which was overseen by the Claimant: - Branch Abbreviations Kuala Lumpur DIMKUL Penang DIMPEN Johor Bahru DIMJHB. The Company's business in Malaysia is derived from its air and ocean transportation services.

[5] Prior to 2015, DIMKUL was the most profitable branch within the Company where profits were mainly derived from the its largest key account client holder; Samsung. However, Samsung had subsequently ended its business with DIMKUL in 2015 which impacted the profits of the branch. DIMKUL has gone through financial difficulty since 2015 and has not been able to bounce back to its former glory days. DIMKUL was led by its Branch Manager, Annie Lee.

Company's Case

[6] The Claimant's job scope and responsibilities (refer: page 6, COB-1) as a Country Manager in the Company are as follows:

i. Acting as the P&L head of DIM/Malaysia where responsible for annual business planning and the execution of its approved business plan and operating budget to be in line with Corporate direction and strategy;

ii. To enhance DIM/Malaysia to be a marketing driven rather than sales oriented organization;

iii. To integrate the resources of all operating units in DIM/Malaysia with focus on team building for business developments towards mutual benefit;

iv. To pro-actively communicate/coordinate with overseas Dimerco offices/agents for business developments towards mutual benefit;

v. To supervise and monitor accounting and financial management to meet with local operating requirements and timely report to the Regional office and Corporate Headquarter as well as to safeguard and properly utilize the Company's