IN THE INDUSTRIAL COURT OF MALAYSIA CASE NO : 21/4-1235/21 BETWEEN VERONICA A/P RAJANDRA AND OROAPAC MALAYSIA SDN. BHD.

AWARD NO : 2245 OF 2023 Before : SYED NOH BIN SAID NAZIR @ SYED NADZIR CHAIRMAN Venue : Industrial Court Malaysia, Kuala Lumpur Date Of Reference : 17.03.2021 Date Of Mention(s) : 12.07.2021; 14.03.2022 & 15.08.2023.

Dates Of Hearing(s) : 22.08.2022; 25.08.2022; 06.03.2023; 07.03.2023 &

29.05.2023.

Representation : Nirumala Pusudoray (Counsel)

Together with her Aziah binti Ahmad Dahalan of Messrs Harjinder & Associates Counsel for the Claimants Aiu, Der Lin Together with her Caroline Goh Seow Siang of Messrs A.D. Lin Counsel for the Company REFERENCE:

[1] This is a reference dated 17.03.2021 made by the Honourable Minister of under Section 20(3) of the IRA 1967 (“the Act”) arising out of the dismissal of VERONICA A/P RAJANDRA (hereinafter referred to as “the Claimant”) by OROAPAC MALAYSIA SDN BHD (hereinafter referred to as “the Company”)

on 12.05.2020.

CAUSE PAPERS, WITNESS STATEMENTS AND DOCUMENTS [2] In the course of arriving at the decision in this full award, this court had considered the following cause papers and documents filed by the parties in this case as such:

(a) Statement of Case dated 02.08.2021; (“SOC”) (b) Statement in Reply dated 23.08.2021; (“SIR”)

(c) Rejoinder dated 03.09.2021; (“Rejoinder”) (d) Claimant’s Bundle of Document (“CLB-1”);

(e) Company’s Bundle of Document 1 (“COB-1”);

(f) Supplementary Claimant’s Bundle of Documents (“CLB-2”);

(g) Company’s Bundle of Document 2 (“COB-2”);

(h) Company’s Witness Statement (“COWS-1”)

(i) Amended Claimant’s Witness Statement (“CLWS-1”);

(j) Note of Proceedings on 22.08.2022; (“NP 22.08.2022”) (k) Note of Proceedings on 25.08.2022; (“NP 25.08.2022”) (l) Note of Proceedings on 06.03.2023; (“NP 06.03.2023”)

(m) Note of Proceedings on 07.03.2023; (“NP 07.03.2023”) (n) Note of Proceedings on 29.05.2023. (“NP 29.05.2023”)

WITNESSES PRODUCED [3] The company called its former Marketing Strategy Director, Bhaskar Thakur (“Bhaskar” / [COW 1]) as its sole witness whose Witness Statement is marked as COWS – 1.

[4] The Claimant was the witness for the Claimant’s Case (“Veronica ” / [CLW 1 ]).

Claimant’s Witness Statement is marked as CLWS – 1.

FACTS [5] The employer in this case is a company set up in Malaysia to manage the “Oppo Brand” for the Asia Pacific [APAC] region. Oppo is a well-known brand for amongst others mobile phones.

[6] The Claimant joined the services of Oppo on 10.12.2019 vide a Service Agreement dated 10.12.2019 wherein the Letter of Offer was annexed [“Employment Contract”] [refer: Pg 16 – 34, CLB1]. The Claimant’s position in Oppo was Digital Marketing Planning Manager, under the Integrated Marketing Communication (“IMC”) Team (APAC Region) (“DMP”).

[7] As a DMP, the claimant handled nine countries in the APAC region i.e.

Malaysia, Thailand, Singapore, Vietnam, Indonesia, Philippines, Hong Kong, Taiwan and Macao (“Local Markets”). The Claimant’s salary was RM12,000 per month with a fixed bonus of RM28,800 per annum and was given other benefits as detailed in the Employment Contract.

[8] It is undisputed that the Claimant’s Employment Contract was for a fixed term of 3 years i.e. from 10.12.2019 until 10.12.2022. Upon joining the company, the Claimant was placed on a probationary period for 3 months commencing from 10.12.2019 to 9.3.2020. The Claimant’s immediate superiors were Charles (Marketing Director) and Bhaskar (Marketing Strategy Director) [COW 1].

Performance Review [9] On 09.03.2020, a performance review meeting was held between the President of OPPO APAC - Jimmy, Charles and Bhaskar from the Company, and the Claimant. [See NP 7.3.2023, Pg 16 Line 32-35]

[10] Further, on 10.03.2020, an Extension of Probation Meeting (“EPM Meeting”)

was held between Bhaskar, Charles and Shangeetha from the Company, and the Claimant. The Claimant was informed that her probation has been extended for 2 months. Reasons for extension were also communicated to her. On the same da