IN THE INDUSTRIAL COURT OF MALAYSIA CASE NO : 21/4-1015/21 BETWEEN LIM KAR LEONG AND LAKEFRONT RESIDENCE SDN. BHD.

IN THE INDUSTRIAL COURT OF MALAYSIA CASE NO. 21/4-1016/21 BETWEEN HEE SAY WEE AND LAKEFRONT RESIDENCE SDN BHD IN THE INDUSTRIAL COURT OF MALAYSIA CASE NO. 21(7)/4-1554/21 BETWEEN NOOR ZAHEERA AKMA BINTI KHAIRUL ANUAR AND SKY PARK PROPERTIES SDN BHD (Consolidated and heard together by virtue of an Interim Award No. 1311 of

2022 dated 29th June 2022) AWARD NO : 2331 OF 2023 Before : SYED NOH BIN SAID NAZIR @ SYED NADZIR CHAIRMAN Venue : Industrial Court Malaysia, Kuala Lumpur Date Of Reference : 17.03.2021.

Dates Of Mention : 24.05.2021; 24.11.2021; 24.03.2022; 04.09.2023.

Dates Of Hearing : 21.11.2022; 01.06.2023; 07.07.2023.

Representation : Abdul Razak bin Abu Bakar of Messrs Abdul Razak & Partners Counsel for the Claimants Kanarasan Ghandinesen (together with him, Malathi Natarajan)

of Messrs Ghandi Counsel for the Companies REFERENCE [1] This is a reference by Honourable Minister of Human Resources under Section

20(3) of the Industrial Relation Act 1967 dated 17 March 2021 to the Industrial Court in order for complaints of terminations be heard and an Award be handed down in respect of dismissals by way of retrenchment by the company against the claimants; the parties of which are briefly described as follows:

The Claimants [2] There are three claimants in these consolidated cases and heard together. The representation for Lim Kar Leong took a sudden change when on the third day of hearing i.e. 7.7.2023, learned counsel for all the claimants informed the court that he no longer represents Lim Kar Leong and made an oral application to discharge himself. As there was no objection neither by the learned counsel for the company nor by Lim Kar Leong himself, this court had allowed the oral application for a discharge by the counsel from further acting for Lim Kar Leong whom had since represented himself. The three claimants are as follows:

a. Case No. 21/4-1015/21 Lim Kar Leong V Lakefront Residence Sdn. Bhd.

At the time of his dismissal on 18.9.2020, the Claimant held the position of Senior Manager with basic salary of RM12,328.00 with Site Allowance of RM500.00, handphone allowance of RM250.00, medical reimbursements of RM90.00 and employer EPF and SOCSO contributions. [refer: Paragraph 2 & 3, SoC]. The claimant has been working with the Company since 4.9.2013 until 18.9.2020.

b. Case No. 21/4-1016/21 Hee Say Wee V Lakefront Residence Sdn Bhd At the time of his dismissal on 29.9.2020, the Claimant held the position of Assistant Project Manager with a basic salary of RM10,617.00 with Site Allowance of RM500.00, Handphone Allowance of RM200.00 and employer EPF and SOCS0 contributions [refer: Paragraph 2 & 3, SoC] The Claimant has been working with the Company since 10.4.2012 until

29.9.2020.

c. Case No. 7/4-1554/21 Noor Zaheera Akma Binti Khairul Anuar V Sky Park Properties Sdn Bhd At the time of his dismissal on 24.9.2020, the Claimant held the position of Senior Executive Contract with a basic salary of RM3,863.00 with Handphone Allowance of RM150.00 and employer EPF and SOCSO contributions [refer: Paragraph 2 & 3, SoC] The Claimant has been working with the Company since 18.4.2013 until 24.9.2020.

The Companies [3] There are 2 companies in these proceedings, namely Lakefront Residence Sdn Bhd and Sky Park Properties Sdn Bhd. They are part of MCT Berhad Group of Companies. The Claimants in these proceedings were employed under these companies at the time of their retrenchment. The primary business of the MCT Berhad Group was property development and construction. However, the Group has since closed its construction business and is exclusively in the business of property development.

Procedural Background [4] Trial proceeded on three days namely 21.11.2022, 1.6.2023 and 7.7.2023. The Company filed and referred to three (3) Bundles of Documents at trial, marked as follows:

(a) Company's Bundle of Documents (1) — ‘COB1’ (b) Company'