INDUSTRIAL COURT MALAYSIA CASE NO: 14/4-2055/19 BETWEEN KUMARESEN A/L KARUPIAH AND REIN PACKAGING INDUSTRIAL SDN. BHD.

AWARD NO: 1000 OF 2020 BEFORE : Y.A. TUAN TEOH CHIN CHONG CHAIRMAN VENUE : Industrial Court Malaysia, Kuala Lumpur.

DATE OF REFERENCE : 11.10.2019.

DATES OF MENTION : 20.11.2019, 09.01.2020, 05.02.2020.

DATE OF HEARING : 17.03.2020.

REPRESENTATION : Mr. Yap Han Shawn of Messrs Fernandez &

Selvarajah Counsel for the Claimant.

Ms. Priya Wathy Ramara, Human Resources Executive Representative for the Company.

REFERENCE:

This is a reference by the Honourable Minister of Human Resources under Section 20(3) of the Industrial Relations Act 1967 [Act 177] (“IRA”) for an award in respect of a dispute arising out of the dismissal of Kumaresen a/l Karupiah (“the Claimant”) by Rein Packaging Industrial Sdn. Bhd. (“the Company”) on 24.05.2019.

AWARD [1] The following documents and cause papers in handing down this Award are as follows:-

(i) Statement of Case dated 02.12.2019; (ii) Statement in Reply dated 18.12.2019;

(iii) Rejoinder dated 03.02.2020;

(iv) The Company’s Bundle of Documents – COB;

(v) The Company’s Written Submission filed on 10.07.2020; and (vi) The Claimant’s Written Submission filed on 15.07.2020.

[2] The Company is represented by Ms. Priya Wathy Ramara, the Human Resources Executive.

[3] The Company called two (2) witnesses, viz:-

a) Ng Kar Fai – COW1; and b) Ooi Sheue Lee – COW2.

[4] The Claimant testified as the sole witness in this case.

Background Facts [5] The Claimant was appointed by the Company as a Warehouse Cum Admin Supervisor with effect from 01.04.2019 by way of a Letter of Appointment dated 21.03.2019. Pursuant to the terms in the Letter of Appointment, the Claimant was informed that his probation period is 6 months, subject to, if necessary, a further extension which is to be decided by the Management.

[6] The Claimant was earning a monthly gross salary of RM4,750.00 (Basic salary RM4,500.00; Transport allowance RM200.00 and Telephone allowance RM50.00).

[7] The Company specializes in manufacturing packaging materials for small and medium scale clients.

[8] The Claimant was in charge of handing administrative duties and handling logistics activities of the Company, which includes dealing with and handling outsourced lorry drivers who transport the Company’s products to client companies. The Claimant also manages the control of inventory of the Company’s warehouse.

[9] On 16.05.2019, the Claimant received three (3) warning letters stating, amongst others, that he was not performing according to his job scope, was unable to prepare certain reports and was unable to submit certain documents to the Company.

The text reads as follows: “1^ST WARNING LETTER

15.04.2019 PRIVATE AND CONFIDENTIAL Dear Mr. Kumaresh Re: First official warning Stated in job scope you have to ensure the chop signed DO must submit on time. However in April 2019 after you come in, this issue was not being follow up closely.

In fact, numerous reminder given but you did not do as what supposed to, even when you in doubt, you also did not voice up to ask and seek assistant from others.”

“2^ND WARNING LETTER

15.05.2019 PRIVATE AND CONFIDENTIAL Dear Mr. Kumaresh Re: Second official warning, As promised by you, April’19 lorry claimed report should submit before 7^th May 2019. After you claimed that you do not know how to do the report (even training being given). Another section of training was given again to refresh. And subsequently you promised to submit on 14.05.2019, after numerous time of reminder, you still give many empty promises. Until today report not ready.”

“3^RD WARNING LETTER

16.05.2019 PRIVATE AND CONFIDENTIAL Dear Mr. Kumaresh, On 9^th of May, customer service requested to receive chopped/signed DO from warehouse. You ignore them. And later you reply by submit on 13.05.2019. On 13.05.2019, after reminder only you submit the chopped sign DO and we found that about 50% of the total 450 do’s still not return and you are unable provide the details.”