AWARD

Augustine Anthony:

The Reference

[1] This is a reference dated 9 July 2024 by the Director General of the Department of Industrial Relations, Ministry of Human Resources pursuant to s 20(3) of the Industrial Relations Act 1967 ("The Act") arising out of the alleged dismissal of ZURINA BINTI OTHMAN (Claimant) by BANK PERTANIAN MALAYSIA BERHAD (Bank) on 6 January 2024.

[2] Pursuant to the directions of this court, the parties in this matter filed their respective submissions dated 4 August 2025 (Claimant's written submissions), 4 August 2025 (Bank's written submissions), 2 September 2025 (Claimant's written submissions in reply) and 2 September 2025 (Bank'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 5 September 2024;

(ii) The Bank's Statement in Reply dated 26 September 2024;

(iii) The Claimant's Rejoinder dated 10 October 2024;

(iv) The Claimant's Bundle of Documents — CLB1 and CLB2;

(v) The Bank's Bundle of Documents — COB1 and COB2;

(vi) The Claimant's Witness Statement — CLW — WS (Puan Zurina Binti Othman); and

(vii) The Bank's Witness Statement — COW-WS (YM Dato' Tengku Ahmad Badli Shah bin Raja Hussin).

Introduction

[4] The dispute before this court relates to the claim by Zurina Binti Othman ("Claimant") that she was dismissed from her employment without just cause or excuse by Bank Pertanian Malaysia Berhad ("the Bank") on 6 January 2024.

[5] The Bank is a development financial institution under the purview of the Ministry of Finance Incorporated (MOF) and its financing of the agriculture sector is guided by policies determined by the Ministry of Agriculture and Agro-Based Industries. The Bank is a Government-linked Company (GLC).

[6] By a service agreement dated 29 October 2019, the Claimant was appointed as the Bank's Chief Credit Officer for a fixed term period of 2 years commencing on 6 January 2020 to 5 January 2022. The Claimant's fixed term contract of employment was renewed for another fixed term period of 2 years commencing from 7 January 2022 to 6 January 2024 by a second service agreement dated 7 January 2022.

[7] On 29 November 2023, the Bank notified the Claimant that her second service agreement would expire on 6 January 2024 and that her last day of service with the bank would be on 6 January 2024. Thereafter there was no further renewal of the Claimant's contract of employment by the Bank. Dissatisfied with the Bank's treatment of the Claimant and in not offering the Claimant further renewal of her contract of employment, the Claimant now states that she was a permanent employee of the Bank and that the fixed term contracts of employment signed by her were permanent contracts of employment disguised as fixed term contracts of employment to defeat her security of tenure.

[8] The Claimant believes that her fixed term contracts of employment were not renewed because the Bank was unhappy with her alleged conduct as the chairman of the Disciplinary Review Committee in not adhering to the Board of Directors' mandate in deliberating and deciding on charges of misconduct against certain other employees. The Claimant states that her position is also central to the Bank's operation and this key role continues to exist in the Bank. The Claimant now states that she was dismissed from her employment without just cause or excuse and prays that she be reinstated to her former position in the Bank without any loss of wages and other benefits.

[9] The Bank however denies the claimant's allegation that the expiration of her fixed term contract of employment was in any way connected to the conduct of the Claimant in deliberating and deciding on charges of misconduct against certain other employees and states that the Claimant's fixed term contract of employment expired pursuant to the terms of the service agreement. The Bank maintains that the claimant's fixed term contracts