AWARD

Chow Siew Lin:

A. Reference

[1] This is a reference from the Director General of Industrial Relations Malaysia pursuant to s 20(3) of the Industrial Relations Act 1967 ("the Act") in respect of the dismissal of Foo Tze Jin ("the Claimant") by IPI Sendirian Berhad ("the Company") on 31 January 2023.

[2] This Court had considered all the notes of proceedings, documents, cause papers, submissions and bundles of authorities in handing down this Award namely:

(i) The Claimant's Statement of Case dated 9 September 2023 ("SOC");

(ii) The Company's Statement in Reply dated 25 October 2023 ("SIR");

(iii) The Claimant's Rejoinder dated 26 March 2024 ("Rejoinder");

(iv) The Claimant's Bundle of Documents ("CLB-1");

(v) The Claimant's Bundle of Documents (Additional) ("CLB-2");

(vi) Company's Bundle of Documents Jilid 1 ("COB-1");

(vii) Company's Bundle of Documents Jilid 2 ("COB-2");

(viii) The Company's Additional Bundle of Documents ("COB-3");

(ix) Claimant's Witness Statement (Foo Tze Jin) dated 4 October 2024 ("CLWS-1");

(x) Company's Witness Statement (Hentry Viension A/L A Muniandy) dated 6 August 2024 ("COWS-1");

(xi) Company's Witness Statement (Shyama Kumari A/P Vadivelu) dated 4 October 2024 ("COWS-2");

(xii) The Claimant's Written Submission dated 26 November 2024 ("Claimant's Submission") and Bundle of Authorities ("CL BOA");

(xiii) The Claimant's Reply Submission dated 9 December 2024 ("Claimant's Reply");

(xiv) The Company's Written Submission dated 21 November 2024 ("Company's Submission") and Bundle of Authorities ("CO BOA"); and

(xv) The Company's Submissions in Reply dated 6 December 2024 ("Company's Reply").

B. Preliminary

[3] On 6 August 2024 and before hearing commenced, both parties had consented to the tendering and marking of CLB-2 which consisted of two documents namely the Company's letters dated 25 May 2015 and 19 July 2016 respectively.

[4] The said letter dated 25 May 2015 pertains to confirmation on the Claimant's employment status, which clearly states that the Claimant had joined the Company since March 2013.

[5] Based on CLB-2 and by consent of both parties, Mr K Gunaseelan, representative of the Claimant had then made oral amendment to para 4 of the SOC to read: The Claimant commenced employment in the Company on March 2013. The Company's Counsel had also pointed out a typing error in para 1 of SOC and by consent of both parties, the words "Frontworth Sdn Bhd" were amended to "IPI Sdn Bhd". These oral amendments to the SOC were allowed accordingly.

C. The Claimant's Pleaded Case

[6] In his SOC, the Claimant pleaded, inter alia, as follows:

(a) The Claimant commenced employment in the Company on March 2013, was and held last position as Managing Director. His last drawn salary was RM14,800.00 with fixed allowance of RM2,000.00, subject to EPF/SOCSO and other statutory deductions.

(b) It is the contention of the Claimant that the Claimant was employed based on his credentials and he had executed his duties diligently and there was no engagement by the Company with the Claimant in terms of any performance issues (or any other issues) and only on 31 January 2023, the Company decided to surprise the Claimant with a termination letter.

(c) The Claimant was terminated from employment vide email dated 31 January 2023. The said email is reproduced as follows:

"Dear Foo Tze Jin,

Re: Termination as Director and Managing Director of IPI Sdn Bhd

The above matter is referred.

You are no longer authorized with immediate effect:

1. To enter the premises of the company; Lot 2 Persiaran Raja Lumu, Kawasan Miel Industrial Estate Pandamaran 4200 Port Klang, Selangor

2. To issues any cheques

3. To liase with lawyers and Company's legal advisers

4. To give instruction to company's staff

Further the Company Secretary Puan Alwizah Al-Yafii has been removed on 17 January 2023 and the new Company Secretary is Ms Shyama Kumar A/P Vadivelu. You are refrained from sharing or revealing any information or data of customers to any third party. You are no longer au