2023 MarsdenLR 2019
INDUSTRIAL COURT MALAYSIA
Adibah Hani Binti Azit – Appellant
Versus
Petroliam Nasional Berhad (Petronas) – Respondent
21/4-324/20
IN THE INDUSTRIAL COURT OF MALAYSIA CASE NO. : 21/4-324/20 BETWEEN ADIBAH HANI BINTI AZIT AND PETROLIAM NASIONAL BERHAD (PETRONAS)
AWARD NO.: 2403 OF 2023 Before : SYED NOH BIN SAID NAZIR @ SYED NADZIR CHAIRMAN Venue : Industrial Court Malaysia, Kuala Lumpur Date Of Reference : 06.01.2020.
Dates Of Mention : 08.07.2020; 29.09.2020; 19.05.2022; 30.05.2022;
18.07.2023.
Dates Of Hearing : 08.03.2021; 31.03.2021; 30.03.2022; 31.03.2022;
12.04.2022; 09.05.2022; 11.05.2023; 22.05.2023. Representation : Khairul Shahrizan bin Tarmizi of Messrs Shahrizan & Co.
Counsel for the Claimant Wong Keat Ching (together with her, Wong Yen Ni) of Messrs Zul Rafique & Partners Counsel for the Company REFERENCE:
[1] The dispute is a reference by the Honourable Minister of Human Resources dated 06.01.2020 pursuant to Section 20(3) of the Industrial Relations Act 1967 arising out of the dismissal of ADIBAH HANI BINTI AZIT (hereinafter referred to as “the Claimant”) by PETROLIAM NASIONAL BERHAD (PETRONAS)
(hereinafter referred to as “the Company”) on 03.09.2019.
INTRODUCTION OF PARTIES The Company [2] According to its official website, the company is a global Malaysian energy group with a presence in over 100 countries. Established in 1974, it is a legal entity incorporated under the Malaysian Companies Act and reports to the company's Board of Directors. The corporation is vested with all oil and gas resources in Malaysia and is entrusted with the responsibility of developing and adding value to these resources. The group is engaged in a broad spectrum of petroleum activities, including upstream exploration and production of oil and gas to downstream oil refining; marketing and distribution of petroleum products; trading; gas processing and liquefaction; gas transmission pipeline network operations; marketing of liquefied natural gas; petrochemical manufacturing and marketing; shipping; automotive engineering; and property investment. Petronas provides a substantial source of income for the Malaysian government, accounting for more than 15% of the government’s revenue from 2015 to 2020. The company is headquartered at the Petronas Twin Towers, located in Kuala Lumpur, Malaysia.
The Claimant [3] The Claimant commenced her employment with the Company with effect from
1.7.2013 in the position of Executive (Planning and Scheduling), PETRONAS Carigali Sdn Bhd. On 25.8.2017, [please see letter dated 25.8.2017 at COB-1, pages 30 – 31], the Claimant was officially assigned as Executive (Project Management) under the division of Plant Change Delivery (“PCD”) in PETRONAS Technical Services Sdn Bhd (“PTSSB”), a wholly owned subsidiary of the Company. The Claimant was assigned to ALEXIS Gas Processing Santong Project (“ALEXIS GPS Project”) which is structured under PTSSB, specifically under Project Delivery and Technology (“PD&T”), where the Claimant held the position of Project Engineer for the ALEXIS GPS Project.
FACTUAL MATRIX Events leading to the the Claimant being issued with Notice of Domestic Inquiry [4] Thereafter, by an email dated 27.3.2018, Encik Zaimi Salleh, Head (Project Management) of PCD – Petronas Gas Berhad (“PGB”) in PTSSB had informed the Claimant that she was officially assigned to the third phase of the ALEXIS GPS Project (“ALEXIS GPS Project (Stage 3)”) [COB-2, pages 4 – 5].
[5] On or around June 2018, the Claimant stopped coming to the ALEXIS GPS Project (Stage 3) project office at Santong and/or stopped contributing to the ALEXIS GPS Project (Stage 3).
[6] As such, by an email dated 22.7.2018, the Project Manager for the ALEXIS GPS Project (Stage 3), Encik M Razif Mustafa (“Encik Razif” / COW-2) sent a reminder to the Claimant for her to continue to carry out her responsibilities as Project Engineer for the ALEXIS GPS Project (Stage 3) [COB-2, pages 3].
[7] By an email dated 24.7.2018 from Encik Zaimi Salleh (COW-1) to the Claimant, the Claimant was required to comply with instructions given by her superiors to fulfil her obligations as Project Engin