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 Ahmad Sophian Zubir ("the claimant") by Residence Inn & Motels Sdn Bhd ("the Company") on 1 February 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 1 February 2024.

[3] This court in handing down this Award considered inter alia the following cause papers and/or documents:-

(i) Statement of Case dated 26 September 2024 (SOC);

(ii) Statement In Reply dated 23 October 2024 (SIR);

(iii) Rejoinder dated 11 November 2024 (Rejoinder);

(iv) Claimant's Bundles of Documents (CLB-1 & CLB-2);

(v) Company's Bundle of Documents (COB-1 & COB-2);

(vi) Witness Statement of Ahmad Sophian Zubir (CLWS-1);

(vii) Witness Statement of Wan Ramzi Hj Wan Muda (COWS-1);

(viii) Witness Statement of Ahmad Azri Onn (COWS-2);

(ix) Witness Statement of Syazwan Mazlan (COWS-3);

(x) Notes of Proceedings — 14 May 2025 (NOP 1);

(xi) Company's Written Submission and Bundle of Authorities dated 7 July 2025;

(xii) Claimant's Written Submission and Bundle of Authorities dated 8 July 2025;

(xiii) Claimant's Written Submission In Reply and Additional Bundle of Authorities dated 22 July 2025; and

(xiv) Company's Written Submission In Reply and Additional Bundle of Authorities dated 28 July 2025.

Background Facts

[4] The claimant was employed by the Company via a Letter of Offer dated 23 August 2023 as Account Manager on a monthly salary of RM6,000.00.

[5] Pursuant to cl 1.3 of the Letter of Offer, the claimant was required to undergo a probationary period of between three (3) to six (6) months.

[6] The claimant commenced work on 4 September 2023.

[7] On 18 January 2024, the claimant was issued a termination letter informing him that his last working day would be 1 February 2024. The letter expressly cited poor performance as the ground for dismissal.

[8] At dismissal, the claimant was still serving his six-month probationary period, due to expire on 4 March 2024.

Claimant's Pleaded Case

[9] The claimant pleaded as follows:

9.1. He was engaged as Account Manager via letter of offer dated 23 August 2023, commenced 4 September 2023, at RM6,000.00 per month with full-time hours 9.00am — 5.30pm.

9.2. By a termination notice dated 18 January 2024 effective on 1 February 2024 the company dismissed him for "poor performance".

9.3. The dismissal was without just cause or excuse as he was never informed of any performance issues, never appraised, and never warned.

9.4. He holds a Bachelor's in Accounting & Finance (Manchester Metropolitan University) and has over 25 years' accounting/finance experience.

9.5. Upon joining, he discovered serious deficiencies (cash-flow records, monthly management accounts, sales variances, lack of SOPs) and within about three months stabilised these areas and submitted draft management accounts without objection.

9.6. Despite no written job scope, he reorganised the Accounts Department and, at the Managing Director's request, assisted other operations (including weekend/event coverage and STP coordination) consistent with the Company's (hotel's) practice.

9.7. He worked full-time and complied with his working hours and he denied working "only three days per week".

9.8. He never refused to be included in the payroll or EPF/SOCSO/EIS deductions, which are the employer's statutory obligations and are incorporated in the signed offer.

9.9. HRDF matters were merely under discussion wherein he provided professional input and denied instigating staff against training bonds.

9.10. He denied any procurement/SOP breaches or avoidance of meetings.

9.11. The Company advertised his position on MyJora days before the termination notice, evidencing that "poor performance" was a pretext.

9.12. During a meeting on 17 January 2024, the Comp