INDUSTRIAL COURT OF MALAYSIA CASE NO: 24(21)(26)/4-315/15 BETWEEN SUHAIMI BIN HJ. AZIZ AND MALAYSIAN AIRLINES AWARD NO: 344 OF 2019 BEFORE Y.A. TUAN P. IRUTHAYARAJ D. PAPPUSAMY CHAIRMAN VENUE, : Industrial Court Malaysia, Kuala Lumpur DATE OF REFERENCE 26.03.2015. DATES OF MENTION 27.05.2015, 27.07.2015, 10.09.2015, 08.10.2015, 27.05.2016, 24.11.2016, 26.05.2017, 15.06.2017, 17.07.2017, 22.08.2017, 27.09.2017, 11.10.2017, 02.11.2017, 22.11.2017, 09.01.2018, 18.10.2018. DATES OF HEARING 15.11.2018, 28.11.2018, 29.11.2018. REPRESENTATION Mr. K. Shangkar from Messrs Shaharudin Sham Sunder & Partners, Counsel for the Claimant. Ms. Vinothininii Rajoo from Messrs Zaid Ibrahim & Co, Counsel for the Company REFERENCE: This is a reference made under subsection 20(3) of the Industrial Relations Act 1967 dated 26.03.2015 arising out of the dismissal of Suhaimi bin Hj. Aziz (hereinafter referred to as “the Claimant’) by Malaysian Airlines (hereinafter referred to as “the Company’) on 19.06.2014AWARD 1, At the inception of this Award it must be stated that the parties to the current dispute are Suhaimi bin Hj. Aziz (hereinafter referred to as the “Claimant”) and Malaysian Airlines (hereinafter referred to as the “Company”). The Company has ceased operations effective 31.08.2015. Itis currently under administration pursuant to the Malaysia Airlines System Berhad (Administration) Act 2015. In this regard, Malaysia Airlines Berhad was never the employer of the Claimant and is a separate and distinct legal entity and is not a party to the current matter. Nevertheless, the parties proceeded to the hearing of the matter. Facts 2. By letter dated 07.09.1988, the Claimant was employed by the Company as a clerk on fixed-term contract for the period between 05.09.1988 and 30.09.1988. 3. The Claimant's fixed-term contract was thereafter extended from the period between 01.10.1988 and 31.08.1990 by way of several letters. 4. By letter dated 13.07.1990, the Claimant was informed that his fixed-term contract will expire effective 30.06.1990 and the Claimant's position as a clerk will be made permanent effective 01.07.1990.5. By letter of appointment dated 19.07.1990, the Claimant's position as a clerk was made permanent effective 01.07.1990. 6. On 25.04.2014, the Company's Service and Quality Assurance Department conducted a general spot check on the In-Flight Warehouse Staff Lockers due to a stock take. 7. Following the said spot check, the Company discovered a few items belonging to the Company in the Claimant's lockers. 8. Byan e-mail dated 09.05.2014, COW-2, En. Mat Azman Ismail (Airline Security Supervisor) thereafter requested for the Claimant's explanation with regard to the items found in the Claimant's locker. 9. The Claimant provided his explanation to the email dated 09.05.2014 on the same day admitting to the possession of the items listed below as stated in the Charge levied against him but he provided explanations as to why he was in possession of the said items. Consequently, the Claimant was issued with a letter of suspension dated 12.05.2014 (“Letter of Suspension”) by COW-1. The Claimant was informed that he would be suspended with full pay effective 14.05.2014 until full investigations of the matter. 10. Thereafter, the Claimant was issued with a letter of allegation dated 27.05.2014 (“Letter of Allegation”) which levelled one (1) allegation against him. The Letter of Allegation further provided that the Claimant was suspended from work for a period of