IN THE INDUSTRIAL COURT OF MALAYSIA CASE NO. 18/4-2996/21 BETWEEN FOO JIN KEAT AND MSM PRAI BERHAD AWARD NO.: 2308 OF 2023 BEFORE : Y.A. TUAN JEYASEELEN A/L T. ANTHONY Chairman (Sitting Alone)

VENUE : Industrial Court of Malaysia Penang Branch DATE OF REFERENCE : 06.12.2021 DATES OF MENTION : 06.01.2022, 27.01.2022, 17.03.2022, 14.04.2022, 09.05.2022, 23.05.2022, 09.06.2022, 16.12.2022, 10.01.2023, 30.01.2023, 14.09.2023 DATES OF HEARING : 26.06.2023, 27.06.2023 REPRESENTATION : Dato’ Domnic Selvam Gnanapragasam and Ms. Khoo Boo Yen Learned Counsels from Mesrss Domnic Pragasam Tan & Co for the Claimant Dato’ Thavalingam C. Thavarajah and Ms. Farah Dini Zaini Learned Counsels from Mesrss T. Thavalingam & Co.

for the Respondent A W A R D The Reference.

[1] This is a reference made on 06.12.2021 by the Director General of the Industrial Relations Department to the Industrial Court of Malaysia under Section 20(3) of the Industrial Relations Act 1967 (hereinafter referred to as ‘the Act’) arising out of the dismissal of FOO JIN KEAT (hereinafter referred to as ‘the Claimant’) by MSM PRAI BERHAD (hereinafter referred to as ‘the Company’). The Director General’s reference in this case before the Court requires the Court to hear and determine the Claimant’s complaint of dismissal by the Company on the 29.3.2021.

Brief Background Facts of the Case.

[2] The Claimant’s pleaded case as contained in his Statement of Case dated 25.1.2022, is that his last held position in the Company was as a Senior Sales Manager earning a salary of RM 8,550.00 and was based in the Company’s main office and factory in Chuping, Perlis, which was known as MSM Perlis Sdn. Bhd.

[3] As a result of a restructuring of the group company, MSM Malaysia Holdings Berhad, the Claimant pleads that the Company took over MSM Perlis Sdn. Bhd. which operates a sugar refinery in Chuping, Perlis. The Company closed MSM Perlis Sdn. Bhd and its operations were shifted to their new sugar refinery in Tanjung Langsat, Johor.

[4] Further, the Claimant states that after the restructuring and the closure of MSM Perlis Sdn. Bhd, the Company offered the Claimant a continuous employment option through a letter dated 25.2.2021 and the Claimant accepted the offer. In the said letter, the Company assured the Claimant that his employment with the Company will remain the same in terms of his position, salary, location of work and job scope.

[5] The Claimant pleaded and contended that the Company had from 1.3.2021, had not invited him to any of the sales meeting and neither was he kept in the loop of communication involving the sales team and was also notified verbally that the Company’s customers are to approach the newly appointed Senior Sales Manager instead of the Claimant.

[6] The Claimant also pleaded that the Company’s Sales Executives were also instructed to report to the new Senior Sales Manager instead of the Claimant although they were previously under the supervision of the Claimant. At a meeting on 29.3.2021, between the Claimant and the Company’s Head of Commercial, Mr. Tengku Haidar and the newly appointed Senior Sales Manager, Mr. Sunilinder Singh, the Claimant pleaded that he was informed that all his previous and existing responsibilities have been passed over to Mr. Sunilinder Singh and the Claimant was required to handle sales in East Malaysia.

[7] The Claimant pleaded and contended that the Company had removed his job scope without giving him any notice and this action by the Company was done in bad faith to drive him out of employment with the Company.

[8] As a result of the Company’s action, the Claimant pleaded that they have breached the terms of his employment contract and evinced an intention to be no longer bound by the terms of the contract. He then pleaded that via letter dated 29.3.2021, he had informed the Company that he had been constructively dismissed by the Company.

[9] The Company on the other hand, in their Statement of Reply dated 23.5.2022 denied the allegations o