IN THE INDUSTRIAL COURT OF MALAYSIA AT IPOH, PERAK CASE NO. 10/4-1970/21 BETWEEN SUNDARAM A/L ANNAMALAY …The Claimant AND PRINSIP ENGINEERING SDN. BHD. …1^st. Respondent Company AND TECHNIP ENERGIES (M) SDN. BHD. …2^nd. Respondent Company [Formerly known as Technip Geoproduction (M) Sdn. Bhd.]

(Joined as Party by Order of Court via Interim Award No. 626/2022 dated 07 April 2022)

AWARD NO. 2270 OF 2023 Before: Y.A TUAN ZULHELMY BIN HASAN – CHAIRMAN Venue: Industrial Court of Malaysia, at Ipoh, Perak Date of Reference: 20/05/2021 Date of Mention: 14/09/2021, 17/11/2021, 20/01/2022, 21/02/2022, 30/03/2022, 14/04/2022 & 09/06/2022 Date of Hearing: 22/09/2022 & 01/03/2023 Representation: For The Claimant:

Bhavanash Sharma with Chetna Brijmohan Messrs. Bhavanash Sharma For 1^st. Respondent Company:

Danny Ng Yeong Chong Messrs. Danny & Co.

For 2^nd. Respondent Company:

Poh Kuang Horng Messrs. T. Siva & Co.

Reference:

This is a reference by the Honourable Minister of Human Resources of Malaysia dated 20/05/2021 pursuant to Section 20(3) of the Industrial Relations Act 1967 which was received by the Industrial Court of Malaysia on 31/05/2021 arising out of the alleged dismissal of Sundaram A/L Annamalay (hereinafter referred to as “the Claimant”) by Prinsip Engineering Sdn. Bhd. (hereinafter referred to as “the Company”) on

22/12/2020.

AWARD Factual Background:

1. Vide an Interim Award No. 626 of 2022 dated 07/04/2022 this Court allowed the Claimant’s Application vide Enclosure 33 for Technip Geoproduction (M) Sdn. Bhd. (now known as Technip Energies (M) Sdn. Bhd.) be joined as a party as 2^nd. Respondent Company in this claim pursuant to Section 29(a) of the Industrial Relations Act 1967 as the Claimant avers that at all material times, Technip Energies (M) Sdn. Bhd. (hereinafter referred as “Technip”) had appointed Prinsip Engineering Sdn. Bhd. (hereinafter referred as “Prinsip”) as its sub-contractor and/or agency, and therefore for all intends and purposes, the Claimant pleads that both 1^st. and 2^nd.

Respondent Companies were the Claimant’s employer.

2. The Claimant was offered a position as a Structural Lead Supervisor to supervise Long Son Project in Ba Ria, Vung Tau Province in Vietnam until 30/06/2022. The 2^nd. Respondent Company; Technip had approved his CV, offered the Claimant the said employment, oversaw his medical examination, covid swab test and made sure all the requisite documents were in order to his mobilization to Vietnam.

3. The Claimant accepted the offer with Technip and was hired by 1^st. Respondent Company; Prinsip Engineering Sdn. Bhd. (as Technip’s appointed agency) vide a fixed term Employment Contract dated 17/07/2020 (at page 1 of CLB-1) signed by the Claimant and Prinsip’s General Manager; one Chua Jong Ton. However, both 1^st. and 2^nd. Respondent Company denied being the Claimant’s employer, and further denied being the party who carried out the Claimant’s dismissal from the project site in Vietnam, therefore the dismissal is in dispute.

4. On 07/08/2020, the Claimant was mobilized to the site at Vietnam to begin his contract tasks as Structural Lead Supervisor and officially reported to Mr. Kong Kin Lai (SM Superintendent) as his immediate superior and to Antonio Luca Repole (Block B Construction Manager) at the site. As a Structural Lead Supervisor, the Claimant’s duties and responsibilities is to supervise a project managed by Technip’s Long Son Project in Ba Ria, Vung Tau Province, Vietnam and began working on site on 20/08/2020. His job functions at the site includes but not limited to monitoring, coordinate, supervision, reporting and overseeing overall steel fabrication and erection at fabrication workshop and site, and to monitor work schedule to update his superiors at the site.

5. On 20/10/2020, the Claimant received an email from Technip (at pages 50-51 of CLB-1) informing him that the Technip’s site team had decided to demobilized him and also notified him to get ready for demobilization as per the site team decis