IN THE INDUSTRIAL COURT OF MALAYSIA CASE NO.: 11(20)/4-741/21 BETWEEN ZAHARUDDIN BIN MOHD YUSOFF ... CLAIMANT AND THP BINA SDN. BHD. ... COMPANY AWARD NO.: 2400 OF 2023 Before : Y.A. PUAN NUR FAUZAH BINTI DATO’ MOKHTAR - CHAIRMAN (Sitting Alone)

Venue : Industrial Court of Malaysia at Kuala Lumpur Date of Reference : 17.03.2021.

Date(s) of Mention : 03.05.2021, 04.06.2021, 06.12.2021, 07.10.2022, 15.02.2023 & 04.10.2023.

Date(s) of Hearing : 15.03.2023, 16.03.2023, 21.03.2023 & 11.05.2023.

Representation : For the Claimant –

Mr. Muhammad Fareez Shah Bin Zainul Aberdin Ms. Nur Syakirah Binti Nor Azam Shah Mr. Mohamed Hasraf Bin Mohamed Hafiz Messrs Fareez Shah & Partners For the Company –

Ms. Melissa Mathew Ms. Selvamalar Alagaratnam Messrs Skrine REFERENCE:

[ 1 ] This is a reference dated 17^th March 2021 by The Honourable Minister of Human Resources, Malaysia to the Industrial Court of Malaysia under section 20(3) of the Industrial Relations Act 1967 [Act 177] in respect of the dismissal of ZAHARUDDIN BIN MOHD YUSOFF (“the Claimant”) by THP BINA SDN. BHD.

(“the Company”) on 31st May 2020 AWARD [ 2 ] This case was previously tried and concluded by the former Chairman of Court 20, Yang Arif Puan Rajeswari Karupiah who had since retired from the Industrial Court. This case has now been transferred to this Court and I have been requested to prepare and deliver the Award for this case.

[ 3 ] Subsection 23 (6) of Act 177 provides that during the absence of or inability to act from illness or any other cause by the Chairman, the Yang di-Pertuan Agong may appoint another person to exercise the powers or perform the functions of the Chairman. This Court, relying on subsection 23(6) of Act 177 and the principles laid down in the High Court case of Bax Global (Malaysia) Sdn. Bhd. v Sukhdev Singh Pritam Singh and Anor [2011] 2 ILR 251, hands down the Award for this Case.

[ 4 ] In handing down this Award the following were considered by the Court:

(a) the record of proceedings;

(b) the notes of proceedings prepared by the former Chairman;

(c) Statement of Case dated 3rd June 2021; (d) Statement in Reply dated 5^th July 2021;

(e) Rejoinder dated 6^th September 2021;

(f) the Claimant’s Bundles of Documents marked as CLB1, CLB2 and CLB3;

(g) the Company’s Bundles of Documents marked as COB1, COB2, COB3, COB4, COB5A, COB5B, COB5C, COB6, COB7A, COB7B and COB8;

(h) the Claimant’s Written Submissions dated 12^th July 2023;

(i) the Company’s Written Submissions dated 18th September 2023;

and (j) the Claimant’s Submissions in Reply dated 24^th October 2023.

[ 5 ] The Company called two (2) witnesses i.e. Nor Khiriah Binti Senin (“COWS-1”) and Nur Adlan Taib (“COWS-2”). Whilst the Claimant testified as the sole witness in this Case.

Background Facts [ 6 ] Based on the pleadings and bundles of documents, this Court takes note of the following –

(a) the Claimant started his employment with the Company (a subsidiary of TH Properties Sdn Bhd which form TH Properties Group) on 25th February 2008 as a Senior Manager, Tender & Contract. The Claimant’s terms and conditions of employment were stipulated in the letter of appointment dated 11^th February 2008;

(b) vide letter of appointment dated 20^th November 2014 from the Company, the Claimant was appointed as a Senior Quantity Surveyor for a related company i.e. Piety THP Developments Pty Ltd (a joint venture company established between TH Properties Group and Piety Group);

(c) effective from 1st June 2015, the Claimant was posted to Piety THP Developments Pty Ltd in Australia but remain as an employee of the Company for the duration of the said posting;

(d) a Notice of Demobilization dated 4^th December 2019 was issued to the Claimant informing that the Claimant was to be demobilized from Piety THP Developments Pty Ltd to the Company;

(e) the Claimant was employed at the Company until his termination on

31^st May 2020 vide letter dated 12^th March 2020 which was signed by Head of Business & Corporate Affairs on behalf of the Company;

and (f