IN THE INDUSTRIAL COURT OF MALAYSIA CASE NO.: 11(15)(6)/4-1468/21 BETWEEN CHAN CHOON WAI ... CLAIMANT AND WORLD VISION INTERNATIONAL ... COMPANY AWARD NO.: 2280 OF 2023 Before : Y.A. PUAN NUR FAUZAH BINTI DATO’ MOKHTAR - CHAIRMAN (Sitting Alone)

Venue : Industrial Court of Malaysia at Kuala Lumpur Date of Reference : 08.04.2021.

Date(s) of Mention : 30.06.2021, 20.09.2021, 11.10.2021, 17.02.2022 &

18.02.2022.

Date(s) of Hearing : 12.05.2022, 13.05.2022 & 03.06.2022.

Representation : For the Claimant – in person.

For the Company –

Mr. Yip Wei Jian together with Mr. Mannvir Singh a/l Baljit Singh Messrs T. Thavalingam & Co.

REFERENCE:

[ 1 ] This is a reference dated 8^th April 2021 by The Honourable Minister of Human Resources, Malaysia to the Industrial Court of Malaysia under section 20(3) of the Industrial Relations Act 1967 [Act 177] in respect of the dismissal of CHAN CHOON WAI (“the Claimant”) by WORLD VISION INTERNATIONAL (“the Company”) on 25th April 2020 AWARD [ 2 ] This case was previously tried and concluded by the former Chairman of Court 15, Yang Arif Tuan Iznan Ishak who had since retired from the Industrial Court. This case has now been transferred to this Court and I have been requested to prepare and deliver the Award for this case.

[ 3 ] Subsection 23 (6) of Act 177 provides that during the absence of or inability to act from illness or any other cause by the Chairman, the Yang di- Pertuan Agong may appoint another person to exercise the powers or perform the functions of the Chairman. This Court, relying on subsection 23(6) of Act 177 and the principles laid down in the High Court case of Bax Global (Malaysia) Sdn. Bhd. v Sukhdev Singh Pritam Singh and Anor [2011] 2 ILR 251, hands down the Award for this Case.

[ 4 ] In handing down this Award the following were considered by the Court:

(a) the record of proceedings;

(b) the notes of proceedings prepared by the former Chairman;

(c) Statement of Case dated 20th July 2021;

(d) Rejoinder dated 29^th November 2021;

(e) Amended Statement in Reply dated 16^th February 2022;

(f) the Claimant’s Bundle of Documents marked as CLB1, CLB2 and CLB3;

(g) the Company’s Bundle of Documents marked as COB1 and COB2;

(h) the Claimant’s Written Submission dated 31^st July 2022;

(i) the Company’s Written Submission dated 3^rd September 2022;

(j) the Claimant’s Written Submission in Reply dated

29^th September 2022; and (k) the Company’s Written Submission in Reply dated

18^th October 2022.

[ 5 ] The Company called two (2) witnesses i.e. Terence Yong Chao Yun (“COW-WS1”) and Stephen Langdon Franz (“COW-WS2”). Whilst the Claimant testified as the sole witness in this Case.

The Claimant’s Case [ 6 ] The Claimant commenced employment with the Company as a Service Account Manager on 8^th December 2010 with a starting monthly remuneration of RM15,000.00. The Claimant’s terms and conditions of employment were stipulated in the letter of offer dated 19^th November 2010.

[ 7 ] The Claimant was subsequently appointed as the Service Centers Operations Manager on 7^th August 2012 with the same monthly remuneration. The Claimant’s terms and conditions of employment were stipulated in the letter of offer dated 31^st July 2012. As the Service Centers Operations Manager, the Claimant was managing the Company’s Regional IT Infrastructure with ten (10) staff, located at the Company’s Regional Offices in Malaysia and Philippines, reporting to the Claimant.

[ 8 ] With effect from 1^st December 2016, the Claimant was then promoted as the IT Director Service Centers with a monthly remuneration of RM18,077.00. The Claimant was managing the Company’s Global IT Infrastructure with 28 staff, located at the Company’s Regional Offices in Malaysia, Philippines, United States of America, Australia and Costa Rica, reporting to the Claimant.

[ 9 ] On 1^st June 2017 the Claimant received an increment in his monthly remuneration i.e. to RM19,342.00. A few days later, i.e. on 6th September 2017, the Claimant was admitted to the hospital for four (4) days f