IN THE INDUSTRIAL COURT OF MALAYSIA CASE NO: 7/4-1002/22 BETWEEN YAP KIT SEONG AND INTI IABS SDN. BHD.

AWARD NO: 2279 OF 2023 BEFORE : Y.A. PUAN VANITHAMANY SIVALINGAM - Chairman VENUE : Industrial Court of Malaysia, Kuala Lumpur.

DATE OF REFERENCE : 07.06.2022. DATE OF MENTION : 07.07.2022. DATES OF HEARING : 22.05.2023. REPRESENTATION : S. Chandra of Messrs. Prem & Chandra (Counsel for the Claimant).

Tan Mei Fang together with Jasmine Goh Of Messrs. Rahmat Lim & Partners (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 YAP KIT SEONG (“the Claimant”) by his employer, INTI IABS SDN. BHD. (“Company”)

The Court takes cognizance of the following bundles, statements, submission and cause papers filed;

I. Statement of Case dated 08.08.2022 II. Statement of Reply dated 08.09.2022 III.

Company’s Bundle of Document (COB1)

IV. Company’s Bundle of Document 2 (COB 2) V. Company’s Bundle of Document 3 (COB 3)

VI. Claimant’s Bundle of Document (CLB 1)

VII. Claimant’s Bundle of Document Volume 2 (CLB 2)

VIII. Claimant’s Witness Statement (CLWS1)

IX. Witness Statement of SONG KUOK THONG (COWS1)

X. Witness Statement of CHONG KOK WAI (COWS2)

XI. Claimant’s Written Submission dated 06.07.2023 XII.

Claimant’s Bundle of Authorities XIII. Company’s Written Submission dated 06.07.2023 XIV.

Company’s Bundle of Authorities XV. Claimant’s Submission of reply dated 13.07.2023 XVI.

Claimant’s Supplementary Bundle of Authorities XVII. Company’s Written Submission in Reply dated 13.07.2023 XVIII.

Company’s Bundle of Authorities (2)

[1] The Claimant’s employment with the Company came to end on 31.10.2021 via a letter dated 27.07.2021. The letter stated that the reason for the termination was;

“The current economic situation resulting from the Covid 19 Pandemic, has caused decline in business ands revenue and compelled the Management to review its business directions. It is inevitable that the Company has to reduce operating costs and enhance efficiency and productivity if it is to remain competitive. Regretfully, the Company has to close the entity of INTI College Nilai.”

[2] The Claimant not being satisfied with his termination from the Company, had proceeded and filed a claim under Section 20 of the Industrial Relations Act 1967 seeking for a reinstatement.

BRIEF FACTS OF THE CASE [3] The Claimant alleged that the retrenchment exercised by the Company from his employment was done in bad faith and tantamount to an unfair dismissal. The Claimant stated that the reason given by the Company for the purported retrenchment exercise which was to reduce cost in the light of “current economic changes due to Pandemic Covid 19” as mentioned in the letter of termination dated 27.07.2021, was false as there was at the material time no justification for the retrenchment. The Claimant further added that the retrenchment on the ground of redundancy was in fact a disguised dismissal of the Claimant without just cause and excuse.

[4] The Claimant was employed by the Company on 01.04.1998 as Physics Lecturer (Job Grade-Lecturer II) in Subang Jaya Campus (“Subang Campus”). Effective from 15.04.1998, the Claimant was transferred to INTI College Nilai Campus (“Nilai Campus”) as lecturer under the ‘School of Science and Mathematics’. Upon numerous appointments and promotions, the Claimant was moved to grade Lecturer I on 01.04.2023 and thereafter as Lecturer 6 effective from 01.01.2011. During the Claimant’s teaching tenure in INTI group of companies, the Claimant has received number of bonusses and increments.

[5] Apart from the above, the Claimant had received awards for his good performances and achievements on numerous occasions. On 04.09.2006, INTI College Malaysia had been upgraded its status to a College and the School of Science and Mathematics upgraded to Faculty