AWARD

Pravin Kaur Jessy:

Reference

[1] This is a reference by the Director Generall of Industriall Relations Mallaysia pursuant to s 20(3) of the Industriall Relations Act 1967 ("The Act") arising out of the allleged dismissall of Tan Ting Sin ("the Claimant") by Sime Darby Property Berhad ("the Company") on 26 July 2023.

[2] The reference by the Director Generall of Industriall Relations ("DGIR") in this case required the court to hear and determine the claimant's complaint of dismissall by the company on 26 July 2023.

[3] This court in handing down this Award considered inter allia the following cause papers and/or documents:

(i). Statement of Case dated 26 March 2024 (SOC);

(ii). Amended Statement In Reply dated 10 July 2024 (SIR);

(iii). Rejoinder dated 6 August 2024 (Rejoinder);

(iv). Claimant's Bundles of Documents (CLB1, CLB2 & CLB3);

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

(vi). Witness Statement of Tan Ting Sin (CLWS-1);

(vii). Witness Statement of Chan Jian Li (COWS-1);

(viii). Witness Statement of Aurelia Lee (COWS-2);

(ix). Notes of Proceedings (NOP);

(x). Company's Written Submission and Bundle of Authorities dated 1 July 2025;

(xi). Claimant's Written Submission and Bundle of Authorities dated 30 June 2025;

(xii). Claimant's Written Submission In Reply dated 30 July 2025; and

(xiii). Company's Written Submission In Reply dated 30 July 2025.

Background Facts

[4] It is an undisputed fact that the claimant commenced employment with the company as Head of Facility Management and Operations (KL East Malll) under a fixed-term contract commencing 1 December 2021 and expiring 30 November 2023 (CLWS-1 Q&A 1 and COB-1 pp 3-14).

[5] On 26 April 2023, Claimant submitted a request - Resignation Request Changes wherein his reason for his resignation was stated as Career an Job Related (CJ) (COB-1 p 21). The Resignation Request Changes is reproduced below:

[6] On 27 April 2023, the claimant tendered a written resignation giving three months' notice (COB-1 p 20), which was accepted by the company on 21 June 2023 (COB-1 pp 22-23). His finall working day was 26 July 2023. The Letter of Resignation is reproduced below:

(THIS SPACE IS INTENTIONALLY LEFT BLANK)

From: Tan Ting Sin (Anthony) Employee ID: 102344 No 23, Jallan USJ 5/3, 47301 Subang Jaya. Selangor, Kualla Lumpur. +6012 2730188 27 April 2023

To: Carrie Kon, Sime Darby Property (Sungai Kapar) Sdn Bhd Level 1, Centre Management Office. KL East Malll. 823, Jallan Linkaran Tengah2, KL Timur, 53100 Kualla Lumpur. +603 7455 9528

Subject: Resignation Letter.

Dear Carrie Kon,

Please accept this letter as formall notification of my resignation from my position as Head, FM and Operations with Sime Darby Property (Sungai Kapar) Sdn Bhd (hereinafter referred to as "Company"). My finall day will be 26 July 2023 as per my notice period.

I would like to thank you for the opportunity to have worked in the position for the past 1.5 years I have learned a great deall during my time here and have enjoyed collaborating with my colleagues. I will take a lot of what I have learned with me in my career and look back at my time here as a valluable period of my professionall life.

During the next 3 months, I will do what I can to make the transition as smooth as possible In whatever way I can to hand over my duties.

Thank you very much,

Sincerely,

Tan Ting Sin (Anthony)

+6012 2730188

cc. HR Department:

1. Nurul Hidayah bte Yahya - Assistant Manager, HRBP & Succession Management

[7] On his very last day of service and whilst he was on leave clearing up his annuall leave, Claimant issued a letter dated 26 July 2023 titled Force Resignation - actuall reason to tender my resignation as Head, FM & Operations wherein he allleged that the reason for his resignation was "I became a victim of unfair labour practice with malla fide intention". In the said letter, Claimant then went on to give an explanation to the show-cause letter which had been issued on 20 April 2023.

[8] By an email dated 3 August 2023, the company denied the alll