IN THE INDUSTRIAL COURT OF MALAYSIA CASE NO: 15/4- 1573/07 BETWEEN AROCKYADASSAN A/L SINNAPPAN AND FUJITSU PC ASIA PACIFIC PTE LTD AWARD NO: 924 OF 2012 Before : PUAN ONG GEOK LAN - Chairman (Sitting Alone)

Venue : Industrial Court Malaysia, Kuala Lumpur.

Date of Reference : 20.06.2007 Dates of Mention : 28.09.2007; 31.10.2007; 30.11.2007; 07.01.2008;

15.02.2008; 01.07.2008; 01.08.2008; 03.09.2008; 18.02.2009; 21.05.2009; 20.08.2009; 05.11.2009;

05.02.2010; 12.05.2010; 07.01.2011.

Dates of Hearing : 18.03.2009; 08.09.2010; 09.09.2010.

Representative : Mr. C Paul Aisu of Messrs David Kok & Partners Counsel for the Claimant.

Mr. Balan S. Nair of Messrs Seah Balan Ravi & Co Counsel for the Company.

Reference:

This is a reference made under Section 20(3) of the Industrial Relations Act, 1967 arising out of the dismissal of Arockyadassan a/l SSiinnnnaappaann ((““tthhee CCllaaiimmaanntt””)) by FFuujjiittssuu PPCC AAssiiaa PPaacciiffiicc PPttee LLttdd ((““tthhee CCoommppaannyy””)).

A W A R D This reference pursuant to section 20(3) of the Industrial Relations Act

1967 (“the Act”) is regarding the dismissal of one Arockyadassan a/l Sinnapan (“the Claimant”) by Fujitsu PC Asia Pacific Pte. Ltd. (“the Company”)

on 5.5.2006.

Company's case The Claimant commenced employment with the Company as a Corporate Account Manager on 12.6.2000 (pages 7 to 9 of Claimant's Bundle of Documents (CLB)). By the Company's letter dated 26.4.2001, the Claimant's basic salary was revised from RM5,000.00 to RM5,150.00 (page 11 of CLB). The Claimant was re-designated as the Business Manager on

26.6.2011 after the then Business Manager had resigned.

At the time of his employment the Claimant reported to one Ng Yoon Seng or Y.S. Ng (“COW-2”) as he was known who was the Country Manager then. COW-2 was later promoted to be the Senior Vice President of the Company covering the Company's operations in Singapore, Thailand, Australia and Malaysia.

One Lai Meei Ghim, the Company's Operations Manager for Malaysia (“COW-1) was the Company's 1^st witness. She was responsible for finance, administration and human resource. She reported to the Company's operational headquarters now based in Hong Kong. According to her, all payments due to the Company in respect of sales and services were billed by the Singapore office then (now Hong Kong) and payments were also made to the Singapore Office then from where they were given a certain amount of funds each month to pay for the operating expenses essentially salaries, rentals, utilities, travelling, etc. The Company was involved in sales facilitation and marketing of computers. The Company also provided technical and maintenance services for its products sold by its distributor and dealers.

Initially the Claimant was required to market the Company's laptop computers. However, when the Business Manager for desktop computers resigned in 2003, the Claimant was given the responsibility for marketing desktop computers as well. The Claimant was required to promote the Company's products with Corporate clients and divert orders to the distributor. He was also required to assist in preparing tenders, pricing and quotations and provide demonstrations to corporate clients. He was further required to provide training to the distributor and dealers on Company's products and generally carry out all duties necessary for the promotion of the Company's products. COW-1 confirmed that the document marked as Co' Doc. No. 2 was the job description of the Claimant given to him in 2002. She said that the Company did not have the job description on page 12 of CLB as the document could not have been given to the Claimant on 5.5.2006 as indicated because that was the day he was retrenched.

COW-1 also drew the Court's attention to the document marked CO-3 in COB. The first page indicated his targets and the second page indicated his actual achievement and the comments from the Vice President and President/CEO of the Company who were both based in Singapore. The comments st