AWARD

Vanithamany Sivalingam:

Reference

[1] This is a reference by the Honourable Minister of Human Resources Malaysia, to this Industrial Court under s 20(3) of the Industrial Relations Act ("The Act") for an award in respect of the dispute arising out of the alleged constructive dismissal of Ahmad Razif Shazi Bin Shaarani ("the Claimant") by his employer, Themed Attractions Resorts & Hotels Sdn Bhd ("Company").

[2] This Court takes cognizance of the following bundles, statements, submissions, and cause papers filed:

DOCUMENTS IN Court FILES

I. Statement of case dated — 26 November 2019

II. Statement of reply dated — 28 January 2020

III. Rejoinder dated — 2 April 20200

IV. Claimant's Bundle of Document — (CLB1)

V. Company's Bundle of Document — (COB1, COB2, COB3, COB4, COB5, COB6 & COB7)

VI. Witness Statement of the Claimant — AHMAD RAZIF SHAZI BIN SHAARANI (CLWS1)

VII. Witness Statement of the Company — KARINA RIDZUAN (COWS1)

VIII. Witness Statement of the Company — BELINDA TAN AI LIH (COWS2)

IX. Witness Statement of the Company [Add "--" here] LOH WAI YEE (COWS3)

X. Claimant's Bundle of Authorities

XI. Company's Bundle of Authorities

XII. Claimant's Written Submission dated — 29 July 2024

XIII. Company's Written Submission dated — 27 July 2024

XIV. Claimant's Submission in Reply dated — 20 August 2024

XV. Company's Submission in Reply dated — 20 August 2024

[3] The Claimant alleged that his employment was brought to an end by way of constructive dismissal by the Company on 17 December 2018.

The Claimant's Case

[4] The Claimant entered into a contract of service ("contract") with the Company commencing from 1 July 2011 as the Assistant Vice President of Risk Management. The Claimant's terms and conditions of employment were set in the letter dated 28 March 2011. Effective from 9 November 2011, the Claimant was reporting to the Chief Financial Officer. On 14 December 2011, the Claimant was informed that he was seconded to the Safety and Security Department in Kidzania Kuala Lumpur until 31 January 2012.

[5] The Claimant was paid 3 months' bonuses and 2 months' ex gratia payments in year 2012. Effective from 1 January 2013, the Claimant received a salary increment. The Claimant also received a bonus and a salary increment in year 2014. In year 2015, the Claimant also received a new salary package of RM8,260.00 per month. Pursuant to the letter dated 16 April 2015, the Claimant was informed of the merger between Themed Attraction and Resorts Sdn Bhd and Destinations Resorts and Hotels Sdn Bhd and that his employment was transferred to the merged entity now called the Company, together with his Line Manager, Mr Haamirisyuan Aidil bin Morzailan, effective from 1 April 2015. All the terms and conditions of the employment remained unchanged.

[6] Sometime in July 2015, the new Head of Risk Management Department, Suhailah Mohamed Abdulla ("Ms Suhailah"), reported for duty and immediately became the new Line Manager for the Claimant. She was the Senior Vice President and a Management Committee Member who reported directly to the Group Managing Director.

[7] The Claimant averred that he had progressed a complaint to Ms Suhailah that he was not technically competent and could not cope with the size and magnitude of work related to Health Safety and Security ("HSS") which had been loaded onto the Claimant in addition to his Business Continuity Management functions. Meanwhile, the Claimant was awarded with performance bonus in 2015 and 2016, and effective from 1 January 2016, the Claimant had a salary increment which made his salary RM8,675.00. The Claimant was appointed as the Vice President of Risk Management with effect from 1 March 2016 and with a salary payout of RM11,000.00 per month. The Claimant avers that the Claimant exceeded the Company's expectations via Performance Score for year 2016, and the Company awarded him a discretionary payment of RM5,293.00 and a salary increment of RM550.00.

[8] The Company introduced a revised Performance Management P