The court upheld the dismissal of the claimant as justified due to insubordination, ruling that an employer must demonstrate just cause for termination, proven by misconduct established prior to dismissal.

[1] This is a reference dated 25 July 2023 by the Director General of the Department of Industrial Relations, Ministry of Human Resources pursuant to s 20(3) of the Industrial Relations Act 1967 ("The Act") arising out of the dismissal of CHEONG YUK WAI (Claimant) by MYBIZ SOLUTIONS SDN BHD (Company) on the 30 August 2022.

[2] Pursuant to the directions of this court, the parties in this matter filed their respective submissions dated 22 May 2025 (Claimant's written submissions), 23 May 2025(Company's written submissions), 7 July 2025 (Claimant's written submissions in reply) and 8 July 2025 (Company's written submissions in reply).

[3] This court considered all the notes of proceedings in this matter, documents and cause papers in handing down this Award namely:

(i) The Claimant's Statement of Case dated 18 September 2023;

(ii) The Company's Statement in Reply dated 4 July 2024;

(iii) The Claimant's Rejoinder dated 23 July 2024;

(iv) The Claimant's Bundle of Documents - CLB1, CLB2 & CLB3;

(v) The Company's Bundle of Documents - COB1 & COB2;

(vii) The Claimant's Witness Statement - CLW - WS (Mr Cheong Yuk Wai);

(viii) The Company's Witness Statement - COW1-WS (Mr Ong Teck Soon);

(ix) The Company's Witness Statement - COW2-WS (Mr Sharath Chandra Singh);

Introduction

[4] The dispute before this court relates to the claim by Cheong Yuk Wai ("Claimant") that he was dismissed from his employment without just cause or excuse by MyBiz Solutions Sdn Bhd ("the Company") on the 30 August 2022.

[5] The Claimant commenced employment with the company on the 9 December 2002 as an executive director. The Company is a subsidiary of Mybiz International Limited which went into liquidation. Arising from negotiations by the liquidators of Mybiz International Limited, the claimant was reappointed as the CEO of the company and the claimant accepted this reappointment on the 15 June 2021. On the 30 June 2022, the company was acquired by an entity known as SESAMi Holdings Pte Ltd and after the acquisition the claimant reported to one Mr Ong Teck Soon who is the group chief executive officer (GCEO) of the SESAMi group of companies.

[6] At the time of the reappointment of the claimant as the CEO of the company which was around the period of COVID19 pandemic, the Claimant was driving the business of the company remotely from his home in Australia. However upon the acquisition of the company by the SESAMi Holdings Pte Ltd, the claimant was instructed to relocate back to Malaysia in order to drive the business of the company and manage the company on a day to day basis. The claimant allegedly refused to relocate to Malaysia and informed the GCEO that he intends to drive the business of the company remotely from Australia which the company was not prepared to agree to.

[7] Due to the Claimant's alleged refusal to relocate back to Malaysia, the company dismissed the claimant from his employment. However, the letter of termination of the claimant only stated that the company was exercising its right to terminate the claimant pursuant to a termination clause in the letter of reappointment without stating the reason for the dismissal of the claimant from his employment.

[8] The Claimant now states that the termination of the claimant from his employment is unjustified and without just cause or excuse as it amounts to a termination simpliciter and prays that he be reinstated to his former position without any loss of wages and other benefits. The Company however maintains that the claimant was dismissed due to insubordination for his refusal to obey the company's lawful instruction to relocate back to Malaysia and prays that the claimant's case be dismissed.

[9] The Claimant gave evidence under oath and remain