IN THE INDUSTRIAL COURT OF MALAYSIA CASE NO.: 11(20)/4-2292/20 BETWEEN MOHAMMAD ASLAM RAJA ... CLAIMANT AND VELESTO DRILLING SDN. BHD. ... COMPANY AWARD NO.: 2409 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 : 07.10.2020.

Date(s) of Mention : 06.11.2020, 04.01.2021, 22.02.2021, 30.03.2021, 01.06.2021, 24.06.2021, 12.11.2021, 06.03.2023 &

29.03.2023.

Date(s) of Hearing : 06.12.2021, 07.12.2021, 01.08.2022, 09.01.2023 & 24.08.2023.

Representation : For the Claimant –

Mr. Lim Jit Kiong together with Ms. Lin Chia Yi Messrs J K Lim For the Company –

Ms. Pavalakodi Nadarajah together with Mr. Vigines Shankar Messrs Dharmen Sivalingam & Partners REFERENCE:

[ 1 ] This is a reference dated 7^th October 2020 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 MOHAMMAD ASLAM RAJA (“the Claimant”) by VELESTO DRILLING SDN.

BHD. (“the Company”) on 23rd March 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 25th November 2020;

(d) Statement in Reply dated 15^th March 2021;

(e) Rejoinder dated 29^th March 2021;

(f) the Claimant’s Bundles of Documents marked as CLB1, CLB2, CLB3 and CLB4;

(g) the Company’s Bundles of Documents marked as COB1, COB2, COB3 and COB4;

(h) the Claimant’s Written Submission dated 29^th September 2023;

(i) the Company’s Written Submission dated 6^th October 2023;

(j) the Claimant’s Written Submission in Reply dated

3^rd November 2023; and (k) the Company’s Written Submission in Reply dated

3rd November 2023.

[ 5 ] The Company called four (4) witnesses i.e. Muhammad Alif Shaharudin (“COWS-1”), Ammar Bin Abdullah Habib (“COWS-2”), Nazrulliza Bin Mahmud Zuhodi (“COWS-3”) and Najwa Syazni Mohamed Hazanee (“COWS-4”). Whilst the Claimant testified as the sole witness in this Case.

The Claimant’s Case [ 6 ] The Claimant commenced employment with the Company as an Offshore Installation Manager on 1^st August 2019 whereby he was entitled to a day rate of USD650.00 and travelling allowance of US150.00 per hitch during crew change. The Claimant’s terms and conditions of employment were stipulated in a contract of employment dated 2^nd August 2019.

[ 7 ] The Claimant made the following averments:

(i) after completing his training the Claimant was sent to Singapore to support repair jobs at the Company’s oil rig for a nine (9) days period and was then sent to another oil rig to support the operations of the said oil rig;

(ii) during his field break at home, he was requested to travel to Malaysia to be interviewed by the Company’s client and was confirmed to be assigned as the Offshore Installation Manager at another oil rig belonging to the Company;

(iii) he assumed and discharged his duties as the Offshore Installation Manager until 3^rd March 2020 when he was called to the Company’s Head Office in Kuala Lumpur. The Claimant was not informed of the reasons for him to leave the rig at such short noti