AWARD

Augustine Anthony:

The Reference

[1] This is a reference dated 5 January 2020 by the Honourable Minister of Human Resources pursuant to s 20(3) of the Industrial Relations Act 1967 ("The Act") arising out of the dismissal of Mohd Azridz Bin Mohd Radzuan (claimant) by Petroliam Nasional Berhad (PETRONAS) (company) on the 23 May 2019.

[2] Pursuant to the directions of this court, the parties in this matter filed their respective submissions dated 24 June 2025 (claimant's written submissions), 24 June 2025 (company's written submissions), 8 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 28 July 2020;

(ii) The Company's Statement in Reply dated 18 August 2020;

(iii) The Claimant's Rejoinder dated 27 August 2020;

(iv) The Claimant's Bundle of Documents - CLB1, CLB2 & CL3;

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

(vii) The Claimant's Witness Statement - CLW1 - WS (Encik Mohd Azridz Bin Mohd Radzuan);

(viii) The Claimant's Witness Statement - CLW2 - WS (Mr Saeed Ahmed Khan);

(ix) The Company's Witness Statement - COWS-1 (Miss Chung Yin Min);

(x) The Company's Witness Statement - COWS-2 (Mr Srithar a/l Sriramulu);

(xi) The Company's Witness Statement - COWS-3 (Encik Mohd Sabri Bin Mohd Aboo Tahir);

(xx) The Company's Witness Statement - COWS-4 (Encik Nik Mohd Adlan Bin Nik Mustapha);

Introduction

[4] The dispute before this court relates to the claim by Mohd Azridz Bin Mohd Radzuan ("claimant") that he was dismissed from his employment without just cause or excuse by Petroliam Nasional Berhad (Petronas)("the company") on the 23 May 2019.

[5] The claimant commenced employment with the company on the 1 August 2012 as an "Executive" (Diagnostic & Solution Design) and his last held position in the company was "Executive" in the "Knowledge Management, Group Technical Data, Project Delivery & Technology" department.

[6] The events leading to the dismissal of the claimant from his employment were due to the claimant's alleged serious misconducts of absenteeism, lateness for work and working for fewer hours than his usual work hours. It was the company's position that the claimant committed serious misconducts in being absent from work for 5 days in August 2018 without prior approval, being late for work 68 times between August 2018 to February 2019 and working for less hours than his usual work hours 95 times between August 2018 to February 2019.

[7] Arising from the above alleged misconducts, the company issued the claimant a notice to show cause and further conducted a domestic inquiry for which the claimant was ordered to answer and defend 3 charges of misconduct upon being dissatisfied with the claimant's explanations to the notice to show cause. The domestic inquiry panel upon the conclusion of the proceeding and upon hearing the witnesses, found the claimant guilty of all the 3 charges of misconduct. The company acting on the findings of the domestic inquiry panel and after considering the seriousness of the 3 charges of misconduct concluded that it can no longer repose the necessary trust and confidence in the claimant and dismissed the claimant from his employment on the 23 May 2019. The claimant dissatisfied with the company decision to dismiss him from his employment lodged an appeal to the company to reinstate him or consider a lesser punishment. However the company maintained its decision to dismiss the claimant from his employment which was then communicated to the claimant by its letter dated 28 June 2019.

[8] Against the above backdrop of the case, the claimant had filed this case alleging that he was dismissed without just cause or excuse and prays for reinstatement to his former position in the company without any loss of wages and other benefits. The company however maintains that the dismissa