INDUSTRIAL COURT OF MALAYSIA CASE NO. : 6(16)/4-1607/21 BETWEEN HALIM BIN TUMIN AND WIN WIN FOOD INDUSTRIES SDN. BHD.

AWARD NO: 2362 OF 2023 Before : Y.A. TUAN AMRIK SINGH - Chairman (Sitting Alone)

Venue : Industrial Court Malaysia, Kuala Lumpur Date of Reference : 15.04.2021 Dates of Mention : 26.07.2021, 01.09.2021, 30.09.2021, 15.11.2021, 15.03.2023 Dates of Hearing : 04.04.2022, 05.04.2022, 09.01.2023 & 23.02.2023 Representation : Mrs. Masura binti Mustafa Messrs. Nazri Aziz Masura Mak & Tan Counsel for the Claimant Mr. Liang Chong Beng With Shalini a/p Makhal Messrs. CB Liang, Ng & Co.

Counsel for the Company REFERENCE :

This is a reference by the Minister of Human Resources made under s 20(3) of the Industrial Relation Act 1967 (Act 177)(“the Act”) arising out of the dismissal of Halim Bin Tumin (‘the Claimant’) by Win Win Food Industries Sdn Bhd (“the Company”) on 01.09.2020.

AWARD Introduction At the outset, parties agreed that this case be heard together with another case no: 16/4 – 1030/21 (Mohd Azla Bin Lazim v Win Win Food Industries Sdn Bhd) involving the same Company as they involved identical facts and sequence of events that led to both claimants’ dismissal. In fact, both the claimants’ letters of termination were dated the same in notifying them of their similar dates of termination. Parties further informed the Court that the evidence to be adduced by witnesses in Mohd Azla Bin Lazim’s case be adopted as evidence in the Claimant’s case.

This Court has handed down an Award No.2318 of 2023 dated 04.12.2023 for Mohd Azla Bin Lazim’s case and as these two cases were not consolidated when they were heard together till its completion, the Court now hand down this separate Award having taken into consideration all documents, cause papers together with the notes of evidence.

The case commenced in the Industrial Court 16 Johor Bahru division on 04.04.2022 and proceeded for continue hearings on 05.04.2022, 09.01.2023 till its completion on 23.02.2023. By consensus, parties’ request that the evidence of the third and last witness for the Claimant’s case who resides in Kuala Lumpur be heard in Court 6 in the Kuala Lumpur division as both counsels are from Kuala Lumpur themselves, was granted by this Court.

[1] The Company tendered six (6) witnesses.

(a) Hasibul Hasan Shanto - Operator at Win Win Food Industries Sdn Bhd ("COW-1");

(b) Tajul Islam - Machine Operator at Win Win Food Industries Sdn Bhd ("COW-2");

(c) Md Yaemin Khan - Assistant Supervisor at Win Win Food Industries Sdn Bhd ("COW-3");

(d) Rahimah binti Ahmad - Manager, Human Resource and Administration at Win Win Food Industries Sdn Bhd ('COW4");

(e) Tan Pick Lee, Finance Director at Win Win Food Industries Sdn Bhd ("COW-5"); and (f) Tan Kian Heon, Factory Manager at Win Win Food Industries Sdn Bhd who was the Senior General Manager - Human Resource Division of the Company ("COW-6").

The witnesses called for the Claimant’s case were :

(a) Mohd Azla bin Lazim - Claimant 1 ("CLW-1");

(b) Halim bin Tumin - ("Claimant "); and (c) Matkar bin Siwang - President, Kesatuan Pekerja-Pekerja Perkilangan ("CLW-3")

[2] In handing down the Award, the following cause papers and documents has been considered:

i) Statement of Case, Statement In Reply and Rejoinder;

ii) Company's Bundle of Documents for Case No.1030 ("COB(A)");

iii) Company's Bundle of Documents for Case No. 1607 ("COB(B)"

iv) Claimant's Bundle of Documents for Case No. 1030 ("CLB(A)");

v) Claimant's Bundle of Documents for Case No.1607 ("CLB(B)");

vi) Claimant's Bundle of Documents 1A ("CLB(1A)"); vii) Claimant's Bundle of Documents 1B ("CLB(1B)");

viii) Claimant’s Written Submission and Submission In Reply ix) Company’s Written Submission and Submission In Reply The Brief Facts [3] The Claimant commenced employment with the Company on

02.12.2013 as Standby Technician with a basic monthly salary of RM1,600.00 per month and was confirmed in his position on 04.04.2014. Upon his confirmation, his salary was revised to RM1,700.00 and wa