AWARD

Syed Noh Said Nazir @ Syed Nadzir:

Reference

[1] This is a reference made under s 20(3) of the Industrial Relations Act 1967 ("the Act") arising out of the alleged dismissal of Kamarul Azman bin Kamarozaman @ Amir (hereinafter referred to as "the claimant") by Bank Pertanian Malaysia Berhad (Agrobank) (hereinafter referred to as "the company") on 10 April 2023.

[2] The parties to the instant matter are Kamarul Azman bin Kamarozaman @ Amir (hereinafter referred to as "claimant") and Bank Pertanian Malaysia Berhad (Agrobank) (hereinafter referred to as "the Bank").

[3] This dispute before this court emanates from a reference by the Director General of Industrial Relations pursuant to s 20(3) of the Industrial Relations Act 1967 ("IRA 1967") in respect of the dismissal of the claimant effective 10 April 2023.

[4] The expiry of the claimant's contract of employment that brought the claimant's employment to an end; which shall be dealt with in this award, is significant in this case. Cessation, as the term used by the Bank, of the claimant's employment with effect from 2 January 2023, effectively settled the core of the dispute before this court in that there is no dismissal. The Bank's stance is that the claimant's fixed-term contract came to its natural conclusion by effluxion of time and there was no dismissal within the meaning of s 20 of the Industrial Relations Act 1967, as alleged by the claimant.

[5] The hearing of this matter proceeded over four days on 12 November 2024, 13 November 2024, 27 January 2025 and 21 April 2025 during which the Bank produced four witnesses as follows:

5.1. Elina binti Ahmad, Chief Finance Officer ("COWS-1");

5.2. YM Tengku Ahmad Badli Shah bin Raja Hussin, President/Chief Executive Officer ("COWS-2");

5.3. Zarina binti Ahmad, Head, People Services Department ("COWS-3"); and

5.4 Ahmad Fitri bin Ahmad @ Mohamad, Section Head of Server ("COWS-4").

[6] The claimant produced only one witness i.e. himself, during the proceedings in support of his case.

Salient Facts And Broadly The Claimant's Case

[7] The claimant commenced his employment with the Bank as the Deputy Chief Finance Officer cum Head, Financial Accounting Department, Finance Division pursuant to a Letter of Offer of Employment dated 23 January 2017.

[8] The claimant was appointed by the Bank through the Human Resources Management Committee to cover the function of the Chief Finance Officer ("CFO") vide an appointment letter dated 3 October 2017.

[9] On 1 January 2019, the claimant was formally appointed as Chief Finance Officer through a service agreement and continued in this role until the purported end of his employment. The claimant's employment with the Bank was continuous under a series of fixed-term contracts and these employment contracts were renewed automatically by the Bank.

[10] The claimant's appointment was not linked to any temporary or project-based assignment. Instead, it was a strategic leadership role, reporting directly to the Chief Executive Officer ("CEO") and overseeing key financial, compliance, and regulatory functions central to the Bank's operations.

[11] Over the years, the claimant received regular salary increments and performance-based bonuses. His salary rose from RM28,000.00 in 2017 to RM36,000.00 in 2022. Annual bonuses were awarded consistently: RM37,052.05 (2018), RM56,000.00 (2019), RM67,500.00 (2020), RM3,000.00 (2021), and RM61,032.33 (2022).

[12] In addition to remuneration, the claimant received benefits accorded to permanent executives, including housing and car allowances, medical coverage, staff loans, and club membership. At no point was the claimant treated differently from other senior executives who were permanent employees.

[13] In November 2022, the claimant was issued a show cause letter based on an alleged third-party governance report. He responded in detail denying the allegations. In December 2022, a warning letter was issued to the claimant, barring the claimant from bonuses and promotion, but no