IN THE INDUSTRIAL COURT OF MALAYSIA CASE NO: 7/4-321/22 BETWEEN MAGESWARAN A/L RAJASEKARAN AND BT GLOBAL TECHNOLOGY (M) SDN. BHD.

AWARD NO: 2339 OF 2023 BEFORE : Y.A. PUAN VANITHAMANY SIVALINGAM - Chairman VENUE : Industrial Court of Malaysia, Kuala Lumpur.

DATE OF REFERENCE : 31.01.2022.

DATE OF MENTION : 11.04.2022 & 04.07.2023.

DATES OF HEARING : 27.03.2023 (PH) & 03.05.2023.

REPRESENTATION : Ms. Anis Salihah Binti Abdul Malek of Messrs. M Manoharan & Co (Counsel for the Claimant).

Mr. John Roland together with Ms. Fathin Binti Sapawi Of Messrs. Christopher & Lee Ong (Counsel for the Company).

REFERENCE This is a reference by the Director General of Industrial Relations to this Industrial Court under Section 20(3) of the Industrial Relations Act 1967 (“The Act”) for an award in respect of the dispute arising out of the alleged retrenchment of MAGESWARAN A/L RAJASEKARAN (“the Claimant”) by his employer, BT GLOBAL TECHNOLOGY (M) SDN BHD (“Company”)

The Court takes cognizance of the following papers and documents files;

i) Statement of case dated 12.05.2022 ii) Statement in reply dated 13.06.2019 iii) Rejoinder dated 07.07.2022 iv) Claimant’s Bundle of Documents (CLB1)

v) Claimant’s Additional Bundle of Documents (CLB2)

vi) Company’s Bundle of Documents (COB1)

vii) Company’s Additional Bundle of Documents (COB2)

viii) Witness Statement of the Claimant (CLWS1)

ix) Witness Statement of Alice Koo Sheau Huey (COWS1) x) Witness Statement of Simon Kenneth Binning (COWS2)

xi) Company Written Submission dated 16.06.2023 xii) Company’s Bundle of Authorities xiii) Claimant’s Written Submission 20.06.2023 xiv) Claimant’s Bundle of Authorities xv) Submission in Reply by Company dated 3.07.2023 xvi) Company’s additional Bundle of Authorities xvii) Submission in Reply by Claimant dated 13.07.2023 The Claimant was retrenched by the Company on 31.03.2021 via notice dated

20.11.2020.

BRIEF FACTS [1] The Claimant was employed as the Manager Cash Collection and Billing Operations with effect from 07.02.2018 with a monthly salary of RM11,000.00. The Claimant was one of the pioneers who built the team of ‘Cash Collection’ in the Kuala Lumpur branch and managed the portfolio of Asia Pacific, Middle East and Africa (‘AMEA’) which consist of 42 countries. The Claimant started the team in the Company independently and from the scratch, by hiring employees and training them. The Claimant also in charge of the transition of knowledge and idea with the Chief Financial Officer (“CFO”) of 7 AMEA sub region including India. The Claimant was the one, who interviewed cash collection teams all over the world. The Claimant had succeeded in enhancing the outcome collection, target and had caused overdue reduction as much as 60% in total.

[2] The Company issued 2 months’ notice to cease the Claimant’s employment for the reason of redundancy in Claimant’s position. The Claimants’ last drawn salary was RM12,528.46. The Claimant replied to the Company’s notice and requested for a reasonable compensation whilst the Company only offered one and half month salary as ex gratia payment for the loss of employment however the Company has refused to consider the Claimant’s request.

[3] The Company averred that the commencement of the employment of the Claimant was on 08.01.2018 and not on 07.02.2018. On 19.11.2020, the Company held a Townhall meeting to share to Company’s Global Footprint plans for Malaysia and informed the employees that those who are impacted with the redundancy exercise will be given the redundancy notice. Subsequent email was sent to all the employees as a recap of the Townhall meeting. The Company has been reviewing its operations around the world by planning to consolidate some officers and grouping skills and teams into key locations, which would fit into the Company’s future and growth ambitions. In April 2020, the Company has decided to reduce the number of roles whereby majority roles will be moved Hungary and India.

[4] The Company’s Group Business Services (“GBS”)