AWARD

(NO. 1598 2021)

Paramalingam J Doraisamy:

[1] The Ministerial reference in this case required the court to hear and determine the claimant's complaint of dismissal by the company on 26 October 2017.

Procedural History

[2] The court received the letter pertaining to the Ministerial reference under s. 20(3) of the Industrial Relations Act 1967 on 17 July 2018.

[3] The matter was thereafter fixed for mention on 14 August 2018, 17 October 2018, 13 December 2018, 20 December 2018, 24 January 2019 and 12 February 2019.

[4] The trial proceeded before the learned Chairman of Court No. 25, ie, Dato' Jalaldin Bin Hj. Hussain, on 18 March 2019, 19 March 2019, 20 March 2019, 15 April 2019, 3 May 2019, 29 May 2019, 30 May 2019, 31 May 2019, 12 June 2019, 13 June 2019, 17 July 2019, 22 July 2019, 12 September 2019, 13 September 2019, 7 October 2019, 8 October 2019, 9 October 2019, 30 October 2019, 31 October 2019, 1 November 2019, 6 November 2019, 7 November 2019, 8 November 2019, 15 November 2019, 28 November 2019, 2 December 2019, 5 December 2019 and 13 December 2019.

[5] Due to the non-extension of the Task Force courts, and in this case Court No. 25, the learned President of the Industrial Court on 9 January 2020 instructed the matter to be transferred from Court No. 25 to this court, ie, Court No. 22, for the continuation of the hearing of this case.

[6] The trial of the matter continued before this Court on 22 January 2020, 23 January 2020, 17 August 2020 and concluded on 6 April 2021.

Parties' Position On The Merits

(i) The Claimant

[7] The claimant commenced employment with the company as Assistant Vice-President, Treasury and Capital Markets in July 2006. He was confirmed in his employment on 1 December 2006.

[8] The claimant contends that during his employment with the company, he had an excellent record and was promoted and/or upgraded as follows:

i. The claimant was promoted as Vice-President, Treasury & Capital Markets in 2008;

ii. The claimant was later upgraded as Vice President (Acting Head), Treasury & Capital Markets with remuneration of RM10,949 and car allowance scheme of RM3,750 effective 1 March 2013;

iii. The claimant was re-designated as Vice President, Head Treasury & Capital Markets with salary adjustment of RM1,096 to RM12,045 effective 1 July 2013;

iv. The claimant was promoted from Vice President, Head Treasury & Capital Markets (GG13) to Senior Vice President, Treasury & Capital Markets (GG14) with salary of RM25,240 and car allowance of RM6,400 on 16 January 2015; and v. The claimant was upgraded from Senior Vice President, Treasury & Capital Markets (GG14) to Senior Vice President, Treasury & Capital Markets (GG15) with a new salary of RM29,847 on 16 January 2017.

[9] The claimant had also received recognition and/or award for his outstanding performance as The Asset Triple A Treasurer of the Year, Malaysia by The Asset publication in Hong Kong in April 2016 and he was also enrolled to personal coaching clinic by the company as he was selected for succession planning of the company in 2016.

[10] From the time the claimant joined the company in 2006 until 2017, there had been no complaints or reports made against him and no notice or warning issued to the claimant. However, all of a sudden the company vide Show Cause Notice dated 9 May 2017 ("the Show Cause Notice") requested the claimant to show cause and/or respond to over 71 charges brought against him wherein most of the charges related to incidents that allegedly took place between 2013 and 2016.

[11] Despite the fact that the allegations brought against the claimant in the Show Cause Notice failed to state the specific date and time that the alleged incidents took place, nevertheless the claimant in his best capacity answered the said allegations in his letter of 18 May 2017.

[12] The company thereafter amended 23 charges and altered 1 charge to suit the answer and/or response given by the claimant while 7 charges in the Show Cause Notice (ie. Charges No. 2, 19, 25, 33