The burden of proof lies with the claimant to establish forced resignation, which is not met when resignation follows negotiations and appears voluntary based on context and documentation.

Reference

[1] This is a reference dated 10 March 2023 by the Director General of Industrial Relations Malaysia to s 20(3) of the Industrial Relations Act 1967 ("The Act") arising out of the alleged dismissal of Mohd Nasir Bin Johari (Claimant) by Myburgerlab Sdn Bhd (Company) on the 28 February 2022.

[2] The Director General of Industrial Relation's reference in this case requires the Court to hear and determine the Claimant's complaint of dismissal by the Company on 28 February 2022.

[3] In reaching this decision, the Court has carefully examined and analysed all relevant documents, submissions and the cause papers submitted in this case namely:

(i) Statement of Case dated 18 May 2023 ("SOC");

(ii) Statement in Reply dated 10 July 2023 ("SIR");

(iii) Rejoinder dated 15 August 2023 ("Rejoinder");

(iv) Claimant's Bundles of Documents - CLB-1, CLB-2;

(v) Company's Bundles of Documents - COB-1, COB-2, COB-3;

(vi) Claimant's Witness Statements - CLWS-1;

(vii) Witness Statement of Chin Ren Yi (COW-1) - COWS-1a, COWS-1b;

(viii) Notes of Proceedings;

(ix) Company's Written Submission In Reply dated 20 December 2024 and Company's Bundle of Authorities;

(x) Claimant's Written Submission dated 31 December 2024 and Claimant's Bundle of Authorities;

(xi) Company's Written Submission In Reply-1 dated 4 February 2025; and

(xii) Claimant's Written Submission in Reply dated 4 February 2025 and Claimant's Bundle of Authorities 2.

Background

[4] The dispute before this Court relates to the claim of forced resignation by Mohd Nasir Bin Johari ("Claimant") on the 28 February 2022.

The Claimant's Case

[5] The Claimant in his Statement of Case and Rejoinder pleaded inter alia as follows:

5.1. He was appointed as a Production Manager and CK Expansion Lead by the Company to oversee all operations of the Company's outlet in Central Kitchen.

5.2. His job scope included the following:

(a) Monitor the daily operations of the Company's outlet in Central Kitchen, ensuring operations run smoothly without any downtime;

(b) Ensuring that each product is sufficient for the outlet's use;

(c) Ensuring "Production Planning" for each product daily;

(d) Ensuring product quality meets the required standards;

(e) Ensuring that the products produced from the Company's outlet in Central Kitchen are Halal, clean and safe to eat;

(f) Ensuring that each raw material is sufficient for the use in the Company's outlet in Central Kitchen;

(g) Ensuring that every raw material has a Halal Certificate from any certified body recognized by JAKIM;

(h) To cooperate with HALNEX (Halal Consultant) to ensure that every product produced by the Company secures a Halal Certificate;

(i) To cooperate with RC & A Refrigeration Part Supplies Sdn Bhd for the development of the Company's outlet in Central Kitchen located at 6B, Jalan Teknolog