IN THE INDUSTRIAL COURT OF MALAYSIA CASE NO.: 11/4-153/22 BETWEEN MATTHEW A/L FRANCIS ... CLAIMANT AND LF LOGISTICS SERVICES (M) SDN BHD ... COMPANY AWARD NO.: 2393 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 : 13.01.2022.

Date(s) of Mention : 21.02.2022, 20.05.2022, 04.01.2023, 01.06.2023 &

01.09.2023.

Date of Hearing : 13.07.2023.

Representation : For the Claimant –

Ms. Johanna Solomon Messrs Johanna Solomon & Associates For the Company –

Ms Zarif Zahirah Binti Mohd Elias Ms Kelly Yong Shu Xhuan Messrs Alwin Rajasurya REFERENCE:

[ 1 ] This is a reference from the Director General for Industrial Relations to the Industrial Court of Malaysia under Section 20(3) of the Industrial Relations Act 1967 [Act 177] in respect of the dismissal of MATTHEW A/L FRANCIS (“the Claimant”) by LF LOGISTICS SERVICES (M) SDN BHD (“the Company”) on

1st April 2021 AWARD [ 2 ] This matter was heard on 13th July 2023. The Company’s counsel filed the Company’s Written Submissions on 14^th August 2023 and Submissions in Reply on 29^th August 2023. Whilst the Claimant’s counsel duly filed the Claimant’s Written Submissions on 14^th August 2023 and Submissions in Reply on 31^st August 2023.

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

(a) the record of proceedings; (b) the notes of proceedings;

(c) Statement of Case dated 29th April 2022; (d) Statement in Reply dated 13^th May 2022;

(e) Rejoinder dated 20^th May 2022;

(f) Statutory Declaration filed by the Company dated 11th August 2023;

(g) the Claimant’s Bundle of Documents marked as CLB1;

(h) the Company’s Bundles of Documents marked as COB1 and COB2;

(i) the Claimant’s Written Submissions dated 14^th August 2023; (j) the Company’s Written Submissions dated 14^th August 2023;

(k) the Claimant’s Submissions in Reply dated 31st August 2023; and (l) the Company’s Submissions in Reply dated 29^th August 2023.

[ 4 ] The Company called three (3) witnesses i.e. Sally Chan Pek Yuen (“COWS-1”), John Davison A/L Chandran (“COWS-2”) and Faransis A/L Rasu (“COWS-3”). Whilst the Claimant testified as the sole witness in this Case.

Background Facts [ 5 ] Based on the pleadings and bundles of documents, this Court takes note of the following –

(a) the Claimant commenced his employment at Sitt Tatt Logistics Sdn Bhd on 21^st December 2001 as a Warehouse Assistant 3 with a basic salary of RM900.00 per month to be based at Sitt Tatt Logistics Sdn Bhd’s office located at 43 – 44, Lengkuk Keluli 1, Kawasan Perindustrian Bukit Raja Selatan, Seksyen 7, 40000 Shah Alam. The Claimant’s terms and conditions of employment are as per the letter of offer dated 4^th January 2002;

(b) subsequently, vide a letter of transfer dated 19^th April 2011, the Claimant was then transferred to BR2-Document Storage of IDS Enterprises Sdn Bhd with effect from 25^th April 2011. The letter of transfer was signed by the Manager – Compensation & Benefit of IDS Enterprises Sdn Bhd. This Court further notes the following details appear at the top right hand corner of the header of the said letter –

“IDS Enterprises Sdn Bhd (64202-M)

(f.k.a. Sitt Tatt Logistics Sdn Bhd)

43 – 44, Lengkuk Keluli 1, Kaw. Perindustrian Bukit Raja Selatan Sek. 7, 40000 Shah Alam, Selangor Darul Ehsan Tel (603) 3343 7151 Fax (603) 3343 7150 www.idsgroup.com”

(c) based on the abovementioned details, it is noted that Sitt Tatt Logistics Sdn Bhd had undergone a name change i.e. renamed as IDS Enterprises Sdn Bhd;

(d) vide letter dated 3^rd July 2012 to KWSP from Assistant Manager –

Human Resources, LF Logistics Development (M) Sdn Bhd, the Claimant was confirmed as an employee of LF Logistics Development (M) Sdn Bhd since 21st December 2001 holding a position of Operator III – Operations with a basic salary of RM1,736.00 per month;

(e) the following details appear in the center of the footer of the aforementioned letter –

“LF Logistics Development (M) Sdn Bhd (64202-M)

(fka ID