AWARD

Zulhelmy Hasan:

Reference

[1]This is a reference made by the Director General of Industrial Relations Department Malaysia dated 24 October 2023 pursuant to s 20(3) of the Industrial Relations Act 1967 which was received by the Industrial Court of Malaysia on 1 November 2023 arising out of the alleged unfair dismissal of Muhammad Khairul Ikhwan Bin Ismail (hereinafter referred to as "the Claimant") by Rahman Hydraulic Tin Sdn Bhd (hereinafter referred to as "the Company") on 1 August 2023.

Factual Backgrounds

[2] The Claimant commenced employment with the Company as Senior Human Resource & Administration Executive vide an appointment letter dated 3 August 2020 (pp 3-9 of COB-1) effective 10 August 2020 reporting directly to the Human Resource & Administration Manager, Tajul Ahmad Idris Nor Yusof (Encik Tajul). The Claimant was based at the Company's mine site at Klian Intan, Hulu Perak. After serving a probation of six (6) months, he was duly confirmed in his employment as a permanent staff effective 10 February 2021 after performance review and development plan conducted by his immediate superior; Encik Tajul and approval given by the Company's Senior General Manager, Madzlan bin Zam (Encik Madzlan).

[3] The Claimant's performance for overall assessment was rated as "Excellent" by Encik Tajul as his immediate superior and head of department wherein he was given a total of 72/75 points followed by a recommendation for an upgrading to a higher job function as Assistant Manager, Human Resource & Administration with recommended adjustment to his basic salary by RM1,000.00 making his new monthly basic salary up to RM5,000.00.

[4] The Claimant's immediate superior & head of department; Encik Tajul's contract of employment ended effective 30 June 2022. Right after Encik Tajul retired from the Company, the Claimant was promoted to the position of Acting Human Resource & Administration Manager effective 1 July 2022 and he was required to report to Encik Madzlan bin Zam (Encik Madzlan) and the Group HR & Administration Manager, Mr Albert Chan Kim Tee (Mr Albert).

[5] Ever since the Claimant's promotion to the position of Acting Human Resource & Admin Manager, the position of Senior Human Resource & Administration Executive was not filled up despite repeated request to the Company to do so by the Claimant causing him to do more than one job and became overburdened and overstretched.

[6] While the Claimant was on medical leave, the Company's Memo dated 31 January 2023 was issued to carry out a restructuring of office administration functions. Therewith, the Claimant's function was reduced to taking charge of Human Resource Department only. Thereafter, vide the Company's letter dated 24 May 2023, it was informed that the Company was unable to confirm the Claimant's position as Human Resource & Administration Manager and his designation and grade will revert to Senior Human Resource & Administration Executive under Category C vide redesignation letter dated 24 May 2023 (pp 18-19 of COB-1) effective 26 May 2023 on the ground that the Claimant's performance as Acting Human Resource & Administration Manager was not up to the management's expectation after performance appraisal dated 18 May 2023 (pp 10-16 of COB-1).

[7] Subsequently, a show cause letter dated 2 June 2023 (pp 23-24 of COB- 1) was issued by the Company to the Claimant for him to provide and explaining his reply on four (4) allegations of misconduct not later than 9 June 2023 involving an alleged act of misconducts regarding his attendance record not recorded in the computerized system, violation of procurement and tender SOP in respect of renovation works at the Company's house, the quotations of renovation and construction work did not go through the tendering process with the Company's Procurement and Tendering SOP, and authorizing and approving beyond the Claimant's authority and limit by giving unauthorized instruction to Jin Renovation & Construction (the contractor) for the r