INDUSTRIAL COURT MALAYSIA CASE NO. 4(6)/4-1081/06 BETWEEN ENCIK ABDUL RAHIM BIN YUSOF AND MALAYAN BANKING BERHAD AWARD NO. 1748 OF 2011 BEFORE : Y.A. TUAN P IRUTHAYARAJ A/L D PAPPUSAMY Chairman (Sitting alone)

VENUE : Mahkamah Perusahaan Malaysia Kuala Lumpur DATE OF REFERENCE: 28.04.2006.

DATE OF MENTION : 28.06.2006; 23.03.2007; 03.07.2007; 18.02.2008;

03.09.2008; 22.04.2009; 04.08.2009; 17.11.2009;

24.02.2010; 08.06.2010;

DATE OF HEARING : 23.08.2010; 22.11.2010; 23.11.2010; 13.04.2011;

14.04.2011; 08.06.2011.

WRITTEN SUBMISSION : Claimant's Written Submission was filed on

07.07.2011;

Company's Written Submission was filed on

27.07.2011;

Claimant's Reply Written Submission was filed on 12.09.2011.

REPRESENTATION Cik Fatma Idura Haji Abdullah of Messrs Eliz, Zain & Kadariah, represented the Claimant. Cik Nor Zabetha binti Mohamad Nor also acted as Counsel for the Claimant.

Mr. T. M. Varughese of Messrs T.M. Varughese &

Co., represented the Respondent (Bank).

REFERENCE :

This is a reference by the Honourable Minister of Human Resources under Section 20(3) of the Industrial Relations Act 1967 for an award in respect of a dispute arising out of the dismissal of ENCIK ABDUL RAHIM BIN YUSOF (hereinafter referred to as “the Claimant”) by MALAYAN BANKING BERHAD(hereinafter referred to as “the Respondent”).

AWARD The parties to the dispute are Encik Abdul Rahim bin Yusof(“the Claimant”) and Malayan Banking Berhad(“the Respondent”) (the Bank). The dispute which has been referred to the Industrial Court by way of a Ministerial Reference under Section 20(3) of the Industrial Relations Act 1967 (“the IR Act”) is over the dismissal of the Claimant by the Bank on 13.02.2004.

Brief Background Facts The Claimant commenced his employment with the Bank as the Assistant Branch Manager with Pacific Bank on 01.01.1996 and was then posted at Chukai, Kemaman. Later, he was transferred to Wisma Genting Branch, Jalan Sultan Ismail, Kuala Lumpur as the Assistant Manager.

With effect from 02.02.2001, Pacific Bank merged with the Bank and the Claimant was absorbed with Job Grade 51 of the Bank with the same terms and conditions of service as was granted by Pacific Bank to the Claimant. On 01.03.2002, the Claimant was transferred to the Bank's Seremban branch and with effect from 23^rd October 2002, the Claimant was again transferred to the Bank's Salak Tinggi Service Centre (“STSC”) as Officer In-Charge of the said Centre which was under Nilai branch located about 10 miles away from STSC.

At the time of his dismissal, the Claimant was earning a salary of RM3,659.00 per month plus fixed outstation housing allowance of RM321.00.

After having taken into consideration the Bank's Audit Investigation Report (“the Audit Investigation Report”), the Bank's show cause letter (“the show cause letter”) dated 22.12.2003 and the Claimant's undated reply (“the Claimant's Reply”) to the show cause letter, the Claimant was found guilty of the 5 Charges and was dismissed from the Bank with effect from 13.02.2004.

Witnesses The following witnesses for the Bank testified at the hearing of the case:-

(1) Noor Affizan Bin Razali (COW-1);

(2) Wong Lee Ching (COW-2);

(3) Devindran A/L Arumairatnam(COW-3);

(4) Zuraiyah Binti Hamzah (COW-4);

(5) Noryuslinda Binti Mohd Yunus (COW-5);

(6) Looi Heong Meng (COW-6 On the part of the Claimant, he was the only witness who testified at the trial.

Witness Statements The Witness Statements for the witnesses were marked as follows:-

(1) COW-1 adduced evidence orally without any Witness Statement; (2) COW-2 adduced evidence orally without any Witness Statement; (3) Witness Statement of Devindran A/L Arumairatnam - “COWS-3”;

(4) COW-4 adduced evidence orally without any Witness Statement;

(5) Witness Statement of Noryuslinda Binti Mohd Yunus - “COWS-5”;

(6) Witness Statement of Looi Heong Meng - “COWS-6 Issues The issues for determination are as follows:-

(a) whether the Claimant is guilty of the 5 Charges preferred against him as stated in the show cause letter ; and (b) i