IN THE INDUSTRIAL COURT OF MALAYSIA CASE NO.: 11/4-1461/22 BETWEEN YONG CHOOI KIM ... CLAIMANT AND HENGSHENDA GROUP BERHAD ... COMPANY AWARD NO.: 2251 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 : 11.10.2022.

Date(s) of Mention : 30.11.2022, 20.03.2023, 17.04.2023, 17.05.2023, 30.05.2023 & 21.08.2023.

Date of Hearing : 20.07.2023.

Representation : For the Claimant –

Mr. Munjit Singh Malaysian Trades Union Congress For the Company – Unrepresented REFERENCE:

[ 1 ] This is a reference from the Director General for Industrial Relations to the Industrial Court of Malaysia under Section 20(3) of the Industrial Relations Act 1967 [Act 177] in respect of the dismissal of YONG CHOOI KIM (“the Claimant”) by HENGSHENDA GROUP BERHAD (“the Company”) on

5th May 2021 AWARD [ 2 ] This matter was fixed for hearing on 20^th July 2023, 6^th September 2023 and 7th September 2023. The Claimant and/or representative of the Claimant were present at all mention dates except on 17^th May 2023 and 21^st August 2023. The Claimant had also duly filed her Statement of Case, Bundle of Documents and Witness Statement as directed by the Court.

[ 3 ] The Company had been informed of the mention dates and hearing dates relating to the case vide all the relevant forms, notices and letters sent to the Company at its last known address. Despite being informed relating to the same, the Company failed to be present at all the mention dates. The Company also failed to file their Statement in Reply and all relevant documents despite directions given by the Court.

[ 4 ] On the first day fixed for hearing i.e. on 20^th July 2023, the representative for the Claimant and the Claimant were present but the Company and/or its representative were absent. Following thereto, the representative for the Claimant had requested to proceed with the hearing in the absence of the Company and/or its representative.

[ 5 ] The Court, exercising its power under paragraph 29(d) of the Industrial Relations Act 1967, proceeded to hear the case on 20^th July 2023. In the absence of the Company and/or its representative, the hearing of the case concluded on the same day.

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

(a) the Claimant’s State of Case dated 17^th February 2023;

(b) the Claimant’s Bundle of Documents marked as CLB1;

(c) the Claimant’s Witness Statement marked as CLWS-1; and (d) the Claimant’s Written Submission dated 7^th August 2023.

The Claimant’s Case [ 7 ] The Claimant commenced employment with the Company on 16^th March 2021 with a monthly remuneration of RM7,200.00. The Claimant was employed as the Executive Secretary to the Group Chief Executive Officer of the Company.

[ 8 ] The Claimant was recruited through the services of the Recruitment Agency and attended a pre-hiring interview. Also in attendance were the Group Chief Executive Officer’s wife and the Company’s Group HR Manager. Following the said interview, the Claimant was offered the aforesaid position and the appointment letter dated 15^th March 2021 further stipulates the terms and conditions of the Claimant’s employment with the Company. The Claimant was also issued a Job Description on 16^th March 2021.

[ 9 ] The Claimant’s position as Executive Secretary was on a permanent basis and was placed on probation for a period of six (6) months which can be extended for a further period.

[ 10 ] For the first two (2) weeks upon reporting for work on 16th March 2021, instead of being assigned as the Executive Secretary to the Group Chief Executive Officer of the Company, the Claimant was assigned to work with the Vice President of the Company and carried out the duties of perusing and amending contracts/agreements, attend virtual meetings with the Company’s partners in China and liaise with the Company’s appointed lawyers on finalising agreements relating to business agreements.

[ 11 ] The Claimant h