INDUSTRIAL COURT OF MALAYSIA Between CHLOE RE’NE TUAN And HILONG OIL SERVICE LIMITED AWARD NO.: 2286 OF 2023 Before : Y.A. Puan Eswary Maree - Chairman Venue : Industrial Court Malaysia, Kuala Lumpur Date of Reference : 07.06.2022 Dates of Mention : 12.07.2022; 04.08.2022 & 25.10.2022 Dates of Hearing : 05.04.2023 & 28.04.2023 Representation : Mr. Ravi Varma Arasu (Counsel for the Claimant)

Messrs Eugene Teo & Associates Mr. Ivan Aaron Francis (Counsel for the Company)

Messrs Thomas Philip REFERENCE This is a reference under Section 20(3) of the Industrial Relations Act 1967 (the Act) by the Director General of Industrial Relations Malaysia, emanates from the dismissal of Chloe Re’ne Tuan (“the Claimant”) by Hilong Oil Service Limited (“the Company”) on 31.10.2021.

AWARD PREAMBLE [1] This Court will determine the issues before it and make its findings based on the pleadings, notes of proceedings, the relevant oral and documentary evidences, the cause papers and submissions. The following documents were filed before this Court:-

(i) Statement of Case dated 05.08.2022;

(ii) Statement in Reply dated 19.10.2022;

(iii) Rejoinder dated 26.10.2022;

(iv) Company’s Bundle of Documents: COB-1;

(v) Company’s Bundle of Documents Volume 2: COB-2;

(vi) Claimant’s Bundle of Documents: CLB-1;

(vii) Witness Statement of Dong Liang (Terry): COWS-1;

(viii) Witness Statement of Si Dongling: COWS-2;

(ix) Witness Statement of the Claimant, Chloe Re’ne Tuan: CLWS-1;

(x) The Company’s Written Submission dated 13.06.2023; (xi) The Claimant’s Written Submission dated 13.06.2023;

(xii) The Company’s Written Submission In Reply dated 26.06.2023;

and (xiii) The Claimant’s Written Submission In Reply dated 30.06.2023.

THE CLAIMANT’S CASE [2] The Claimant was employed by the Company on a fixed-term service contract for two years, starting from 01.11.2019 (“Fixed Term Contract”)

[3] The Fixed Term Contract between the Claimant and the Company expired on 31.10.2021 and was not renewed by either party.

[4] The Company denies that the Claimant was terminated on 31.10.2021 and contend that the Claimant’s employment simply came to a natural end upon the expiration of the Fixed Term Contract.

[5] The Claimant alleges that despite being employed by the Company, she primarily worked for Hilong Marine Engineering (Hong Kong) Limited (HME), another entity within the Hilong Group of Companies.

[6] The Claimant asserts that HME maintained control over her employment with the Company, and she performed work for HME’s benefit. The Claimant states that HME required her services to assist in the closure of its office in Malaysia.

[7] The Claimant claims that HME used its connection as part of the Hilong Group of Companies to exercise control over the Company, allowing her to receive remuneration and benefits while working for HME.

[8] The Claimant alleges that she was persuaded to sign the Fixed Term Contract under the belief that it was a mere formality, as represented by an employee of the Hilong Group.

[9] The Claimant denies the Company’s contention that her employment with HME was terminated upon transferring to the Company. She argues that the transfer was not a termination and that HME still considered her as an employee. [10] The Claimant lodged complaints of unfair dismissal against both, the Company and HME, which led to the initiation of separate claims.

THE COMPANY’S CASE [11] The Company is a subsidiary of Hilong Group of Companies, which is a corporate group of companies based in the People’s Republic of China with subsidiary companies spread around the world. The Company is registered in Labuan under the Labuan Financial Services Authority and is in the business of providing oil and gas development services while also offering drilling, mining and transmission of petroleum and natural gas.

[12] Before joining the Company on 01.11.2019, the Claimant was employed by HME as an Office Administration Manager.

[13] HME was registered as a foreign Company in Malaysia and was also part of the