INDUSTRIAL COURT OF MALAYSIA CASE NO. : 6(16)/4-1030/21 BETWEEN MOHD AZLA BIN LAZIM AND WIN WIN FOOD INDUSTRIES SDN. BHD.

AWARD NO: 2318 OF 2023 Before : Y.A. TUAN AMRIK SINGH - Chairman (Sitting Alone)

Venue : Industrial Court Malaysia, Kuala Lumpur Date of Reference : 17.03.2021 Dates of Mention : 10.05.2021, 23.09.2021, 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 Mohd Azla Bin Lazim (‘the Claimant’) by Win Win Food Industries Sdn Bhd (“the Company”) on

01.09.2020.

AWARD Introduction [1] At the outset, parties agreed that this case be fixed to be heard together with another case no: 16/4 – 1607/21 (Halim Bin Tumin) against the same Company as the fact leading to the dismissal of the Claimant are similar to Halim Bin Tumin’s and their letter of terminations were dated the same by the Company in notifying them of their termination. Consequent to the dismissal that stems from the similar events, parties had at the outset agreed and appraised the Court the need for these two unconsolidated cases to be heard together and the evidence adduced by witnesses in the Claimant’s case be adopted in Halim Bin Tumin’s case. Halim Bin Tumin had also appeared as a witness in the Claimant’s case whose evidence later was adopted as his evidence in his case.

[2] 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 final witness for the Claimant who resides in Kuala Lumpur by heard in this Court as both counsels are from Kuala Lumpur themselves was allowed. As I was directed by the then Learned President of the Industrial Court to hear the matter till its completion, upon its completion, I then directed the parties to file their respective submissions and as the matter were not consolidated, separate Awards will be handed down for the Claimant and for the case of Halim Bin Tumin.

[3] 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 2 ("CLW-2"); and (c) Matkar bin Siwang - President, Kesatuan Pekerja-Pekerja Perkilangan ("CLW-3")

[4] 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 [5] The Claimant commenced employment with the Company on

15.05.2013 as Standby Technician with a basic monthly salary of