INDUSTRIAL COURT OF MALAYSIA CASE NO.: 9/4-2283/21 BETWEEN TAN SIEW YONG AND ASIAN POTTERY (PENANG) SDN. BHD.

AWARD NO.: 2247 / 2023 BEFORE : Y.A. PUAN RUSITA BINTI MD LAZIM Chairman (Sitting Alone)

VENUE : Industrial Court of Malaysia Penang DATE OF REFERENCE : 23.07.2021 DATES OF MENTION : 22.09.2021; 25.10.2021; 26.11.2021;

21.12.2021: 21.01.2022; 23.05.2022; 05.08.2022; 02.11.2022; 15.03.2023;

08.08.2023; 16.08.2023 DATES OF HEARING : 21.07.2022; 19.09.2022; 19.06.2023;

20.06.2023 REPRESENTATION : Miss Pravin Kaur & Cik Nurul Hazirah for the Claimant (Messrs.

Jessy & Associates)

Mr. Simon Yap for the Respondent (Messrs. Simon Yap & Ethan Ha)

A W A R D [1] This is a reference dated 23 July 2021 by the Honorable Minister of Human Resources to the Industrial Court of Malaysia under section 20(3) of the Industrial Relations Act 1967 (hereinafter referred to as “the IRA”) in respect of the dismissal of Tan Siew Yong (hereinafter referred to as “the Claimant”) by her employer, Asian Pottery (Penang) Sdn. Bhd.

(hereinafter referred to as “the Company”) effective 26 November 2020.

[2] This Court has considered the following cause papers and documents in handing down this Award, namely:

(a) the Claimant’s Statement of Case dated 25 October 2021;

(b) the Company’s Statement in Reply dated 8 December 2021;

(c) Rejoinder dated 19 January 2022;

(d) the Claimant’s witness statement (Tan Siew Yong) is marked as “CLWS-1”;

(e) the Company’s witness statement (Chi Kiam Pheng) is marked as “COWS-1”;

(f) the Claimant’s Bundle of Documents marked as “CLB-1”; (h) the Claimant’s Bundle of Documents marked as “CLB-2”;

(i) the Company’s Bundle of Documents marked as “COB-1”; and (j) the Company’s Bundle of Documents marked as “COB-2”.

A. Factual Matrix [3] The Claimant commenced her employment as an Accounts Officer with Asian Pottery Manufactures Sdn. Bhd. vide a Letter of Appointment dated 11.9.2000, with effective from 25.9.2000 and with a starting salary of RM1,600.00. The Claimant was further paid a fixed vehicle allowance of RM80.00 per month (CLB-1 p 2)

[4] The Claimant was on probation for 3 months with a further extension of 3 months.

[5] By a letter dated 3.1.2001, the Claimant was confirmed in employment with Asian Pottery (Penang) Sdn. Bhd. effect from 1.1.2001 wherein she received a salary increment of RM120.00 per month (CLB-1 p 3).

[6] The Claimant vide a letter dated 1.8.2009, was appointed as an Account & Administrative Executive by APP Industries Bhd. According to the said appointment, the Claimant’s monthly fixed petrol allowance was revised from RM120.00 to RM220.00 per month, whereas else, her salary, other allowances, and terms of employment remained unchanged (CLB-

1 p 4).

[7] The Claimant’s Job Description (JD) for her new role was expanded wherein she was made in charge of the Group Administration, Office Administration, and also of Asian Pottery Home & Garden Sdn. Bhd.

(CLB-1p 5).

[8] The Claimant once again vide a letter dated 23.9.2011, was promoted by Asian Pottery Home & Garden Sdn. Bhd. to the position of Branch Manager with effect from 1.9.2011 (CLB-1 p 6). Vide the said letter, the Claimant was granted an additional fixed allowance of RM200.00 per month. The Claimant’s basic salary was also revised to RM3,650.00 per month. Upon promotion to this post, Asian Pottery Home & Garden Sdn. Bhd. has provided the Claimant with a Portfolio and job responsibilities (Northern Region {Penang}) (CLB-1 p 7)

[9] Vide a Letter of Transfer dated 28.6.2019, the Claimant was transferred to the Company as Branch Manager effective 1.7.2019 (CLB-

1 p 8)

[10] Then vide an Employment Letter dated 1.7.2019, the Claimant was offered employment with the Company as Marketing & Operations Manager with effect from 1.7.2019 with a basic salary of RM4,820.00 (CLB-1 pp 9-11)

[11] With effect from 1.5.2020, there was a change of management of the Company.

[12] By a letter of appointment dated 6.10.2020, the Company informed the Claimant of her transfer to Oriwina Sdn. Bhd. in