INDUSTRIAL COURT OF MALAYSIA BETWEEN RAJENDRA RAO AND CIMB AVIVA ASSURANCE BERHAD AWARD NO : 743 OF 2016 Before : PUAN YAMUNA MENON - Chairman (Sitting Alone)

Venue : Industrial Court Malaysia, Kuala Lumpur Date of Reference : 22.3.2012 Dates of Mention : 28.5.2012, 29.6.2012, 31.7.2012, 28.8.2012, 19.9.2013, 21.1.2013, 8.2.2013, 12.3.2013, 17.4.2013, 10.7.2013, 22.8.2013, 21.11.2013, 17.12.2014, 14.1.2015, 23.2.2015, 16.3.2015, 24.3.2015, 22.5.2015, 5.6.2015 Dates of Hearing : 15.4.2013, 14.4.2014, 24.9.2014, 25.9.2014, 26.9.2014, 20.11.2014 Written Submission of Company : 14.1.2015 Written Submission of Claimant : 14.1.2015 Submission in Reply : 11.2.2015 by Company Submission in Reply 23.3.2015 by Claimant Representation : Mr. V.K. Raj From Messrs P. Kuppusamy & Co.

Counsel for the Claimant Ms Suganthi Singam From Messrs Shearn Delamore & Co.

Counsel for the Company Reference :

This is a reference made under section 20 (3) of the Industrial Relations Act 1967 (the Act) arising out of the dismissal of Mr. Rajendra Rao (hereinafter referred to as “the Claimant”) by CIMB Aviva Assurance Berhad (now known as Sun Life (M) Assurance Berhad)

(hereinafter referred to as “the Company”) on 8 June 2011.

AWARD [1] The Ministerial reference in this case required the Court to hear and determine the Claimant's complaint over his dismissal by the Company on 8 June 2011. In the midst of the hearing, the court was informed that the Company had changed its name to Sun Life (M)

Assurance Berhad.

Background [2] This case was heard by former learned Chairman Ms Yamuna Menon and the evidence of all the witnesses were taken in the hearing presided by her. Written submissions of the parties and the Claimant's reply were filed by 23 March 2015 but upon Ms Yamuna's official retirement from the public service on 18 April 2015, the award of this case had not been handed down.

[3] This case was called up for mention before the Assistant Registrar on 22 May 2015 and 5 June 2015. The learned counsels of both parties said they had no objections for the award to be handed down by another Chairman to be decided by the learned President. Consequently, on 8 June 2015 the former learned President gave instructions for me to hand down this award and the file was then transferred to this court on 10 June 2015. This award is penned and the decision arrived at upon perusal and consideration of the pleadings filed, bundles of documents' filed, witnesses' statements, notes of proceedings and the written submissions of both learned counsels of the Claimant and the Company. The notes of proceedings taken down by the former Chairman were typed by her former secretary and sent to me and I have read them thoroughly before making this decision. Due to my busy commitments and having to deal with my own awards, I was unable to hand down this award promptly.

Facts [4] The Claimant commenced employment with the Company on 5 July 2010 after he was appointed to the position of Talent/Leadership/ Culture Lead & Business Partner, Grade 20. The Claimant was subject to a probationary period of six (6) months which was subject to an extension of a maximum period of six months (page 2 of the Claimant's Bundle of Documents 1 (CLB1)) according to his Letter of Appointment dated 10 June 2010. The Claimant first reported to one Ms Chin Lai Heng who was then the Director of Human Resources when he commenced employment with the Company. Ms Chin subsequently resigned and left the employment of the Company with effect from 1 October 2010 and the Claimant then reported to COW1.

[5] The Claimant was informed of his non confirmation in employment by the Company's letter dated 8 June 2011 for the reasons stated in the said letter (pages 13 to 15 of the Company's Bundle of Documents (COB)). The Claimant was notified that he was to be paid the requisite four weeks' salary in lieu of notice as stipulated in his appointment letter, up to 5 July 2011. Paragraphs 1 and 2 of the said letter read:

“1. We refer to