AWARD

Pravin Kaur Jessy:

Reference

[1] This is a reference by the Director General of Industrial Relations Malaysia pursuant to s 20(3) of the Industrial Relations Act 1967 ("the Act") arising out of the alleged dismissal of Khirul Anuar Bin Mohd Amin @ Amin ("the Claimant") by Sirim Berhad ("the Company") on 26 January 2024.

[2] The reference by the Director General of Industrial Relations ("DGIR") in this case required the court to hear and determine the claimant's complaint of dismissal by the company on 26 January 2024.

Introduction

[3] The Company, by way of Enclosure 48A, moved this court pursuant to ss 29(fa), 29(g) and 52(1) of the Industrial Relations Act 1967 for an order that the claimant's representation for unfair dismissal be struck out, thereby inviting this court to exercise its jurisdictional discretion to summarily dispose of the matter on grounds of want of jurisdiction.

Background Facts

[4] The Claimant commenced his employment with the company as an Associate Metrologist (Job Grade 20) effective from 15 July 2003. He was subsequently confirmed in this position.

[5] On 26 January 2024, the claimant was dismissed on the grounds of misconduct.

[6] At the time of his dismissal, the claimant held the position of Metrologist (Job Grade 22) in Chemical Metrology under the National Metrology Institute of Malaysia ("NMIM").

Grounds For The Company's Application

[7] The grounds for the Company's application are contained in the Affidavit In Support of Adi Afuan Bin Zainudin affirmed on 24 September 2025 (encl 48B) as well as the Affidavit In Reply affirmed by Brian Simon on 15 October 2024 (encl 48D) and briefly are as follows:

7.1. This court lacks the threshold jurisdiction to hear and/or want of jurisdiction to hear and determine the Claimant's claim to its conclusion.

7.2. The claim filed by the Claimant is in contravention of s 52(1) of the Industrial Relations Act 1967 because the company herein is a Government Agency.

7.3. The Company is wholly owned by the Minister of Finance (Incorporated) and a Government Agency under the purview of Ministry of Investment, Trade and Industry ("MITI");

7.4. The Company performs a public function. It is mandated to act as the machinery for research and technology development, and the national champion of quality;

7.5. The Company is engaged in matters of high public interest;

7.6. National Metrology Institute of Malaysia (NMIM) is a statutory business unit operating as Government function under the company that facilitates domestic and international trade as well as ensuring safety, health and environment for Malaysians through measurement;

7.7. NMIM plays an important role in disseminating the traceability of measurement to the whole country based on the International System of Units. NMIM is responsible for ensuring the national metrology infrastructures meet and comply with the global measurement standards;

7.8. Employees of NMIM are deemed to be employees of the Company;

7.9. Salaries of the NMIM's employees are fully funded by the Federal Government through Estimated Federal Expenditure;

7.10 The Company receives partial funding from the Federal Government for its operational expenses. The utilisation of such funds is subject to the terms and conditions imposed by the Federal Government;

7.11. The Company is required to obtain prior approval from the Minister of Finance (Incorporated) before implementing any salary adjustment for its employees;

7.12. The Company is subject to audit by the Auditor General of Malaysia; and

7.13. The Chairman and all members of the company's Board of Directors are appointed by the Minister of Finance (Incorporated). Presently, two (2) members of the Board are from the Government Sector.

7.14. MITI by its letter dated 9 September 2025, affirmed the matters set out in paras 7.3 to 7.13 herein and further confirmed that:

7.14.1. NMIM does not possess a legal entity but it is part of the Company, where it was formerly known as National Metrology Laboratory, Standards an