IN THE INDUSTRIAL COURT OF MALAYSIA CASE NO.: 15(11)(1)/1-630/20 BETWEEN AUDRA LIM SUET MOONG AND

1. EVERGREEN WG SDN. BHD.

2. CHONG JOON TECK (NRIC NO. 561022-01-5415)

(Joined as the 2nd Respondent by Order of Court via Interim Award No. 1043/2021 dated 18.05.2021)

3. CHONG YON KOI (NRIC NO. 630618-01-5455) (Joined as the 3^rd Respondent by Order of Court via Interim Award No. 1043/2021 dated 18.05.2021)

4. CHOW LEK KEEN (NRIC NO. 640916-10-6493) (Joined as the 4^th Respondent by Order of Court via Interim Award No. 769/2022 dated 26.04.2022)

AWARD NO.: 2311 OF 2023 CORAM : Y.A. TUAN ANDERSEN ONG WAI LEONG - CHAIRMAN MR. ANANDARAJU A/L A MOOKAPILLAI - EMPLOYERS’ PANEL MR. NG CHOO SEONG - EMPLOYEES’ PANEL VENUE : Industrial Court of Malaysia at Kuala Lumpur FILING OF FORM S : 12.03.2020.

DATES OF MENTION : 19.08.2020, 17.02.2021, 11.05.2021, 25.05.2021, 06.07.2021, 27.08.2021, 11.01.2022, 27.01.2022, 21.04.2022, 27.05.2022, 01.07.2022, 13.10.2022, 10.02.2023, 15.06.2023 & 07.09.2023.

DATES OF HEARING OF APPLICATION : 11.02.2021, 30.03.2021, 22.04.2021, 30.08.2021 & 22.03.2022.

DATES OF HEARING : 03.11.2022, 07.11.2022, 02.06.2023 & 27.06.2023.

WRITTEN SUBMISSION (COMPLAINANT) : 24.08.2023 & 07.09.2023.

WRITTEN SUBMISSION (1ST, 2ND & 3RD RESPONDENTS) : 24.08.2023 & 07.09.2023.

WRITTEN SUBMISSION (4TH RESPONDENTS) : 24.08.2023 & 07.09.2023.

REPRESENTATION : Mr. Isweljet Singh of Messrs Iswel Dhillon & Co, Counsel for the Complainant Mr. Kelvynn Foo Wai Tzen of Messrs KH Lim & Co., Counsel for the 1^st, 2^nd & 3^rd Respondents Mr. Vincent Tey Wei Seng of Messrs Jublin Tan & Tey, Counsel for the 4th Respondent AWARD A. INTRODUCTION [ 1 ] This is a complaint of non-compliance filed in Form S pursuant to s.56(1) Industrial Relations Act 1967 (“the IRA 1967”) and Rule 24A (1) of the Industrial Court Rules 1967 in respect of Award No.400 of 2018 dated 22 February 2018 (“the Final Award”) in the dismissal case no. 11/4-549/16 (“the Main Suit”).

[ 2 ] The Complainant lodged a complaint that the provisions of the Final Award have not been complied with by the 1^st Respondent, Evergreen WG Sdn.

Bhd. (“R1”), in particular paragraphs 29 and 30 which read as follows:

“[ 29 ] After considering the above factors, the Court orders that the Claimant be paid back wages from the date of dismissal to the date of the hearing (but limited to twenty-four (24) months). On the facts of this case, there is no evidence that he was in gainful employment after his dismissal. Hence, there is no scaling down for the post dismissal earnings. Hence, the relief due to the Claimant is:

(a) Backwages from the date of dismissal (9 September 2015) to the last hearing date (10 October

2017):

RM12,950.00 x 12 months = RM155,400.00 (b) There is no compensation in lieu of reinstatement of one month’s pay for each year of completed service as the Claimant has not completed the year of service with the Company.

[ 30 ] The amount, after deducting the necessary statutory deductions if any, is to be paid by the Company to the Claimant through MTUC within 30 days from the date of this award.”

[ 3 ] Upon the Complainant’s application and pursuant to an Interim Award No.1043 of 2021 dated 18.05.2021, the learned former President of the Industrial Court of Malaysia, Yang Arif Dato’ Rasidah Binti Haji Chik has granted an order to join one Chong Joon Teck (“R2”) and Chong Yon Koi (“R3”) who were the directors and shareholders of R1 at the material time as co-

respondents in this matter.

[ 4 ] Thereafter, R2 filed an application to further join one, Chow Lek Keen (“R4”) who was the former shareholder and director of the R1 as a co- respondent in this matter and the Court via Interim Award No.769 of 2022 dated

26.04.2022 has allowed R2’s application to join R4 as a co-respondent.

B. BRIEF FACTS AND BACKGROUND [ 5 ] The Complainant commenced employment with R1 on 03.08.2015 as a General Manager. Her stay in R1 company was short-lived. The Complainant was eventually terminated by R1 on 09.09.2015, after about a mo