IN THE INDUSTRIAL COURT OF MALAYSIA CASE NO.: 22/4-143/22 BETWEEN YUSZIKEFLIE BIN YUSOFF @ ATAN AND TOTAL LOGISTIC SERVICES (M) SDN BHD AWARD NO. 2256 OF 2023 BEFORE : Y.A. TUAN PARAMALINGAM A/L J. DORAISAMY - Chairman (Sitting Alone)

VENUE : Industrial Court of Malaysia, Kuala Lumpur DATE OF REFERENCE : 13.01.2022 DATES OF MENTION : 24.02.2022; 15.04.2022; 24.06.2022; 21.02.2023;

31.07.2023 & 22.09.2023 DATES OF HEARING : 02.08.2023 & 03.08.2023 REPRESENTATION : Pn. Shazwani Abd. Ghani Messrs. Nurul, Zatil & Co. Counsel for the Claimant Ms. Dianne Ng Messrs. Cheah Teh & Su Counsel for the Company REFERENCE :

This is a reference made under Section 20 (3) of the Industrial Relations Act 1967 (Act 177), arising out of the dismissal of Yuszikeflie Bin Yusoff @ Atan (hereinafter referred to as “the Claimant”) by Total Logistic Services (M) Sdn Bhd (hereinafter referred to as “the Claimant”) on 30 April 2021.

AWARD [1] The reference by the Director General of Industrial Relations (“DGIR”) in this case required the Court to hear and determine the Claimants’ complaint of dismissal by the Company on 30 April 2021.

I. Procedural History [2] The Court received the letter pertaining to the DGIR reference under Section

20(3) of the Industrial Relations Act 1967 on 20 January 2022.

[3] The matter was fixed for mention on 24 February 2022, 15 April 2022, 24 June

2022, 21 February 2023 and 31 July 2023.

[4] The trial commenced on 2 August 2023 and concluded on 3 August 2023.

II. The Parties’ Position On The Merits (a) The Claimant [5] The Claimant commenced employment with the Company as a Logistics Assistant II on 14 July 2003.

[6] Vide letter dated 2 October 2020, the Claimant had received a show cause letter wherein 4 allegations were made against him pursuant to a misconduct report from the BRLC CKD management.

[7] On 16 October 2020, the Company had again issued another show cause letter wherein the Claimant was informed of his suspension from work effective immediately until 29 October 2020.

[8] The Claimant had responded to the show cause letter vide his letter dated 20 October 2020. However, on 28 October 2020, the Company had informed the Claimant that his suspension period has been extended to an indefinite date due to the implementation of the Conditional Movement Control Order.

[9] On 3 December, the Company issued a Notice of Domestic Inquiry wherein the Claimant was informed that a Domestic Inquiry will be held on 15 December 2020. The Claimant only received the Company’s Notice of Domestic Inquiry in the afternoon of 10 December 2020.

[10] The Domestic Inquiry proceeded on 15 December 2020 wherein the Claimant was present and had denied all charges against him. The Claimant was thereafter required to be present at the Company on 3 May 2021 to discuss on the issue of salary deduction, overtime as well as annual leave and also the salary slip for October 2020. Instead, the Claimant was asked to sign the domestic inquiry minutes. The Claimant refused to do so as the said minutes contained many variations.

[11] The Claimant received a Termination Letter from the Company dated 23 April

2021 wherein his last day of employment would be 30 April 2021.

(b) The Company [12] The Company is a logistics company which, inter alia, provides international freight and forwarding, warehousing, transportation and sub-assembly services to its customers.

[13] The Claimant commenced his employment with the Company on 14 July 2003 as a Warehouse Operator. By a Letter of Restructuring of Job Position and Grade dated 1 April 2009, the Claimant’s position was re-designated as Logistics Assistant II due to a company-wide restructuring of job position and grade exercise. At the time of dismissal on 30 April 2021, the Claimant’s last drawn salary was RM1,599.00.

[14] By a Letter of Transfer of Work Place dated 17 December 2018, the Claimant was transferred from the Shah Alam warehouse to the BRLC CKD CCI Department (ASSB BRP warehouse) effective from 7 January 2019. The Clai