IN THE INDUSTRIAL COURT OF MALAYSIA CASE NO.: 19/4-1390/20 BETWEEN JOHN CHIEW SIEW KIONG AND PERSATUAN PEMELIHARAAN PENDIDIKAN TIONG HUA MALAYSIA AWARD NO : 2312 OF 2023 BEFORE : Y.A. PUAN ZALINA BINTI AWANG @

MAMAT - Chairman VENUE : Industrial Court Malaysia, Kuala Lumpur DATE OF REFERENCE : 05.07.2020

08.09.2020, 13.10.2020, 04.05.2021, 03.06.2021, DATES OF MENTION :

22.06.2022, 16.01.2023, 17.08.2023.

DATE OF HEARING : 20.07.2023, 21.07.2023.

REPRESENTATION : Claimant – Represent himself Mr. Yiew Ding Wei Messrs. Saipul Baharin & Associates (Counsel for the Company)

REFERENCE This is a reference by the Honourable Minister of Human Resources, under Section 20(3) of the Industrial Relations Act 1967 dated 05.07.2020 pertaining to the dismissal of John Chiew Siew Kiong (hereinafter referred to as “the Claimant”) by Persatuan Pemeliharaan Pendidikan Tiong Hua (hereinafter referred to as “the Company”) on

29.02.2020 Procedural History [1] Pursuant to the direction of this Court, the parties in this matter filed their respective submissions accordingly. This Court received the following written submission of the parties namely the Company’s written submission dated 04.08.2023 on 10.08.2023, the Claimant’s written submission dated 04.08.2023 on 04.08.2023.

[2] This Court considered all the notes of proceedings in this matter, documents and the cause papers in handing down this Award namely:

a) The Claimant’s Statement of Case dated 12.10.2020. b) The Company’s Statement in Reply dated 26.10.2020 c) The Claimant’s Rejoinder dated 30.12.2020 d) The Company’s Bundle of Documents – marked as “COB1”

e) Claimant Bundle of Documents marked as “CLB1”

f) Company’s Witness Statement (Kwan Che Hong) – marked as “COWS1”

g) Claimant’s Witness Statement (John Chiew Siew Kiong) – marked as “CLWS1 INTRODUCTION [3] The dispute before this Court relates to the claim by John Chiew Siew Kiong (“the Claimant”) alleged dismissal of the Claimant by Persatuan Pemeliharaan Pendidikan Tiong Hua Malaysia (“the Company”) on 29.02.2020.

CLAIMANT’S CASE [4] Pursuant to the interview dated 22.04.2019, the Claimant was employed by the Company as Executive Secretary with a basic salary of RM3,000.00. Based on the Statement of Case, the Claimant is claiming from the Company, (reference made to paragraph 6 of the Statement of Case) that the dismissal was without any just cause or excuse and/or breach of the principles of natural justice and/or unfair labour practice and/or unlawful and in breach of the Code of Conduct for Industrial Harmony.

[5] On 23.02.2020 the Company issued a probation period further appointed ended letter to the Claimant. The Claimant probation will be ended by 29.02.2020 COMPANY’S CASE [6] Although there was no written agreement on the status of the Claimant, the Company submits that it is within the full knowledge and does not dispute that the Claimant commence his work at the Company as a probationer as it can be seen in the Claimant's witness statement CLWS1, answer to question number 1 "in the interview on 22nd April 2019 at 3 pm, I was offered the post as Executive Secretary with three (3) months' probation period...".

[7] Further, during the trial, although the Claimant tried to establish the facts that he had been confirmed as permanent staff, unfortunately there was no documentary evidence to support the same instead the oral evidence given by the Company witness during cross examination, insisted that there was never any confirmation made to the Claimant in regards if his status as a permanent staff.

[8] The Company also claimed this was further proven by the fact that there was no increment of salary throughout the Claimant's employment period meaning the Claimant has never been confirmed by the Company at all material time, instead it was the Claimant himself who demanded for an increment as can be seen in the [CLWS] answer to question 14:-

“This is a letter of salary increment request emailed to both the Honorary President and Secretary of the as