Case No: 28(21)/4-523/17 INDUSTRIAL COURT OF MALAYSIA CASE NO.: 28(21)/4-523/17 BETWEEN LOW LAY KOON AND MMC TEPAT TEKNIK SDN.BHD. (Consolidated with Case No. 28(21)/4-524/17 by Court Order via Interim Award No. 208 of 2018 dated 22 January 2018) Venue Date of Reference : Dates of Mention Date of Hearing Representation 8 OF 201! : Y.A. TUAN FRANKLIN GOONTING -CHAIRMAN : Industrial Court of Malaysia, Kuala Lumpur 09.06.2017 : 01.08.2017, 05.09.2017, 03.10.2017, 13.10.2017, 16.11.2017 08.01.2018, 11.12.2018, 18.01.2019, 31.01.2019, 21.02.2019 07.03.2019, 14.03.2019 13.12.2018 + Dato’ Angus Tiong Chau Siong, Datin Woon Huei Chin and Ms. Chen May Jien, Jeanne From Messrs Tiong & Woon Counsel for the Claimant + Dato’ T. Thavalingam & Ms. Aida Yasmin Cheree Mohamad From Messrs Lee Hishammuddin Allen & Gledhill Counsel for the Company 1Case No: 28(21)/4-523/17 Reference [1] This ministerial reference under Section 20(3) of the Industrial Relations Act 1967 (the IRA) required the court to hear and determine the complaints of Low Lay Koon (the First Claimant) and Mohd Ghani Bin Hasan (the Second Claimant) concerning their dismissal by the Company on 31.10.2016. AWARD [2] Although there was one ministerial reference, the Claimants were assigned separate case numbers, that is, Case No. 21/4-523/17 for the First Claimant, and Case No 21/4-524/17 for the Second Claimant. [3] However, vide Award No 208/2018, dated 22.1.2018, both cases were consolidated and ordered to be tried together. Hearing proceeded on 13.12.2018 and concluded the same day. The court now hands down its award. [4] The Company is a mechanical engineering fabricator, providing quality products and services to oil and gas, petrochemical, powers generation and general industries. [5] At the time of their dismissal the First Claimant held the position of Quality Control Manager, while the Second Claimant held the position of Chief Operating Officer. [6](i) By a letter dated 30.9,2016 the First Claimant’s employment with the Company Was terminated on the ground of poor financial performance for the last few years and the compulsory land acquisition of the Company's Sungai Kandis plant by the Government leading to the Company's decision to close down its operations. This letter is reproduced below: -Case No: 28(21)/4-523/17 MMC webesmnsrmicsn Ys (Our Rel sY/ss0/ MRO fr Ors /2006 PRIVATE & CONFIDENTIAL 20 September 2016 tow Lay Koon PRESENT Dene Si, NOTICE OF TERMINATION ‘Furnes tothe Townhall sesion held on Friday, 23 September 2016 on the current plan to oe down the Company's operations, ‘The deeion to cease the operstions was made due to compulsory land acquisition of ‘nals plant by the Government and the poor financial performance of the Company in the fast few yeas. ‘Regrettably this also menns that your employment withthe Comgany willbe terminated. ‘As stipulated in your letter of employment, your notice of termination period i one (4) month, ‘Therefore your employment wil end on 31 October 2036, ‘We thenk you for your eforts over the years and trust vhat you wil continue to lve your best effort the Company up tothe iast day ef your employment. ‘hak you. Your fanhtuly, ‘MMC Tepat Teknlh Sd. Bhd, aan har abye ) nerfs ey/ 1k ke od _—— understand the contents of the letter and hereby _sckrwledgerecslot the orignal copy ofthe sald letter. one: 30/9) Lol oh - (il) By a letter of the same date the Second Claimant's employment with the Company was also terminated on the same grounds.