IN THE INDUSTRIAL COURT OF MALAYSIA PERAK BRANCH

[CASE NO: 10/4-98/24]

BETWEEN

JAMES MARK NG

AND

E-RETE (MALAYA) SDN. BHD.

AWARD NO. 269 OF 2026

Before

:

Y.A. TUAN ZULHELMY BIN HASAN - Chairman (Sitting Alone)

Venue

:

Industrial Court Malaysia Ipoh, Perak

Date of Reference

:

22.01.2024

Date Mention(s)

:

28.02.2024, 06.05.2024

Dates of Hearing(s)

:

23.09.2024, 24.09.2024, 26.09.2024, 19.11.2024, 09.06.2025, 10.06.2025, 12.06.2025, 25.09.2025, 26.09.2025

Representation

:

For the claimant - Vivekanandan AMS. Periasamy & Chai Wei Wan; M/s Selvam, Nanda & Partners

For the company - Navit Kaur Randhawa; M/s Asbir, Hira Singh & Co

Reference:

This is a Reference by the Director General of Industrial Relations Department Malaysia dated 22.01.2024 pursuant to section 20(3) of the Industrial Relations Act 1967 which was received by the Industrial Court of Malaysia on 29.01.2024 arising out of the alleged dismissal of JAMES MARK NG (hereinafter referred to as "the Claimant") by E-RETE (MALAYA) SDN. BHD. (hereinafter referred to as "the Company") on 23.06.2023.

AWARD

Factual Background:

[1] At all material time, Ng Teow Yeong Realty Sdn Bhd (hereinafter referred to as "NTYR") is the largest major shareholder of the Company and has controlling interest in the Company due to the fact that Ng Teow Yeong is the founder of NTYR and the Company. He is also the Claimant's paternal grandfather who passed away on 1999. E-Rete (Malaya) Sdn Bhd (hereinafter to be referred as "the Company") is a company incorporated in Malaysia with a manufacturing factory in Chemor, Ipoh manufactures concrete products for the construction industry.

[2] The Claimant is an Australian citizen who was employed as a General Manager of the Company. He was appointed on 19.04.2014 for a fixed term contract which was renewed periodically for further fixed term of two (2) years each and his term of employment was expressly pursuant to a valid working permit in all of his letter of offer. The Claimant is the son of Tenny Ng Eng Hwa who was the Executive Chairman of NTYR from 2013 until August 2023. Via an appointment letter dated 21.03.2014 issued by the Company to the Claimant (page 25, CLB-1), he was offered employment as a General Manager of the Company with a basic salary of RM8,000.00 together with the benefits of having a Company car and accommodation. Thereafter, the Claimant was re-confirmed his position as the General Manager of the Company with the same basic salary and benefits with more detailed job scope and conditions in a detailed appointment letter dated 15.05.2014 (page 26-27, CLB-1) issued by the Company.

[3] The Company contends that the Board of Directors became aware during pandemic Covid-19 that the Claimant had started to work remotely without approval and informing the Board of Directors and continued to stay away from the Company without good reason and convened a board meeting to discuss his prolonged absence on 27.06.2022. As a result, the Company, on 27.06.2022 at the Board meeting where the Claimant was present and defended himself, asked the Claimant to be more physically present in Malaysia as was their requirement. The Claimant was put on probation for six (6) months. On 11.06.2023, the Claimant wrote a letter (page 94, CLB-1) to the Board saying he had been in Malaysia since June 2022, which was untrue. It is the Company's position that the Company decided not to renew the Claimant's working permit as he refused to be based in Malaysia.

[4] The Company convened another Board meeting on 12.06.2023 inter alia to discuss the Claimant's performance, which the Claimant also attended and defended himself. The Claimant informed the Board of Directors of the Company that he will not move to Malaysia full time as required by the Company. The Board gave the Claimant one (1) year to remedy his behavior from 27.06.2022 - 12.06.2023 before deciding not to apply to renew his permit. At the end of the Board meeting on 12.06.2023, the Company decided to terminate the Claimant's employment with