IN THE INDUSTRIAL COURT OF MALAYSIA CASE NO.: 11(20)/4-2538/21 BETWEEN CHE AIZAN BINTI MAHMOOD ... CLAIMANT AND SCOMI KMC SDN BHD ... COMPANY AWARD NO.: 2395 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 : 11.06.2021.

Date(s) of Mention : 17.11.2021, 09.05.2022, 19.08.2022, 20.10.2022, 30.01.2023, 23.03.2023 & 17.10.2023.

Date of Hearing : 10.08.2023.

Representation : For the Claimant –

Mr. Peter Kandiah Malaysian Trades Union Congress For the Company –

Mr. James Joshua Paulraj together with Ms. Kavitharini Messrs Tanes, Khoo & Paulraj 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 CHE AIZAN BINTI MAHMOOD (“the Claimant”) by SCOMI KMC SDN BHD (“the Company”) on

16^th January 2021 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 29^th December 2021;

(d) Statement in Reply dated 26^th January 2022;

(e) Rejoinder dated 23^rd May 2022;

(f) the Claimant’s Bundles of Documents marked as CLB1 and CLB2; (g) the Company’s Bundles of Documents marked as COB1, COB2, COB3 and COB4;

(h) the Claimant’s Written Submission dated 11th September 2023; and (i) the Company’s Written Submission dated 11^th October 2023.

[ 5 ] The Company called two (2) witnesses i.e. Razeim Azfar Mohd Bashir (“COWS1”) and Shyawalluddien Bin Mahmad (“COWS2”). 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 Company is a subsidiary of Scomi Energy Services Berhad in which Scomi Energy Services Berhad holds a 52% shareholding;

(b) the Claimant commenced her employment at one of the Company’s Group, i.e. Scomi Group Bhd, on 1^st September 2006 as an Administration Executive with a basic salary of RM2,700.00 per month. She was transferred on at least four occasions within the Company’s Group;

(c) the Claimant was then transferred to the Company on 1^st June 2016 as an Operation Support Executive with a monthly remuneration of RM4,345.00;

(d) the Claimant was terminated from her employment vide Notice of Cessation of Employment dated 14^th December 2020 and her last working day was on 15^th January 2021;

(e) on 14th August 2020, the High Court placed the Company under judicial management for a period of six (6) months from 14^th August 2020 to 14^th February 2021 and an independent judicial manager was appointed by the High Court to manage the affairs, business and property of the Company; and (f) pursuant to a High Court Order dated 9th February 2021, the judicial management period was then extended for another six (6) months from 14^th February 2021 to 14^th August 2021.

The Company’s Case [ 7 ] The Company avers that –

(a) their projects and operations were funded through various sources including a working capital raised by KMCOB Capital Malaysia Berhad;

(b) KMCOB Capital Ma