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INDUSTRIAL COURT MALAYSIA
CASE NO. 4/4-2131/07
BETWEEN
ENCIK KHEW CHEE SUN
AND
HSL ELECTRICAL & ELECTRONICS SDN. BHD.
AWARD NO. 1671 OF 2012
BEFORE : Y.A. TUAN P IRUTHAYARAJ A/L D PAPPUSAMYChairman (Sitting alone)
VENUE: Mahkamah Perusahaan MalaysiaKuala Lumpur
DATE OF REFERENCE: 08.10.2007.
DATES OF MENTION : 03.01.2008; 10.03.2008; 01.04.2008; 13.10.2008; 17.10.2008; 24.10.2008; 10.03.2009; 02.04.2009; 11.03.2010; 13.05.2010; 24.05.2010; 13.07.2010; 19.07.2010; 20.10.2010
DATES OF HEARING : 29.09.2010; 28.10.2010; 04.04.2011; 05.04.2011; 02.08.2011; 03.08.2011; 04.08.2011; 08.11.2011; 09.11.2011; 29.03.2011
DATES OF WRITTEN SUBMISSION: Claimant filed his Written Submission on 30.05.2012
1
Company filed its Written Submission on 13.07.2012; andClaimant filed his Written Submission in Reply on 13.08.2012.
REPRESENTATION : Mr. Ganesh Perumal of Messrs Ganesh & Co represented the Claimant.
En Mahadi Bin Muhammad Mahadi Redzuan & Co represented the Company.
2
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 KHEW CHEE SUN (hereinafter
referred to as “the Claimant”) by HSL ELECTRICAL & ELECTRONICS
SDN.BHD.(hereinafter referred to as “the Respondent”).
3
AWARD
The parties to the dispute are Encik Khew Chee Sun (“the Claimant”) and HSL
Electrical & Electronics Sdn. Bhd. (“the Respondent”)(the Company).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 Act”) is
over the dismissal of the Claimant by the Company on 28.02.2007.
Brief Background Facts
The Claimant commenced employment with the Company in his position as a
General Manager, Retail Operations on 01.09.2006 with a monthly salary of
RM11,000.00 and a car allowance of RM1000.00, thus making it a total of
RM12,000.00 per month. The detailed terms of his contract of employment are
stipulated in his letter of appointment dated 01.09.2006.
The Company had vide letter dated 31.01.2007 handed a show cause letter (“the
show cause letter”) to the Claimant which alleged that the Claimant had
committed an act of sexual harassment against one of the Company's
4
employee ,one Nooraziella Jalaludin (“Nooraziella”) who was the cashier at the
Ampang Point outlet at the material time As a result of the show cause letter,
the Claimant was suspended for a period of 2 weeks. Vide letter dated
01.02.2007, the Claimant vehemently denied the alleged sexual harassment
charge and provided the Company with a detailed explanation on that matter.
However, the Company being dissatisfied with the Claimant's explanation
formally charged him and held a Domestic Inquiry (“D.I.”) on 14.02.2007 and
at the end of the D.I.,the D.I. panel found him guilty of the alleged Charge on
sexual harassment and accordingly the Company dismissed the Claimant on
28.02.2007.
Witnesses
The following witnesses for the Company testified at the hearing of the case:-
(1) Nooraziella Jalaludin (COW-1) was the cashier at the Ampang Point outlet
at the material time. Her witness statement is marked as COWS-1;
(2) Natasha Bainun Binti Halidi(COW-2) is the younger sister of COW-1. Her
witness statement is marked as COWS-2;
5
(3) Kent Ng Futt Kong (COW-3) is the Supervisor at the Ampang Point outlet
and is also COW-1's immediate superior. His witness statement is marked
as COWS-3;
(4) Michael Ang Lii Chuan (COW-4) is the Penolong Pengurus Management
Information System (MIS),of the Company. His witness statement is
marked as COWS-4;
(5) Camie Tang Yoke Fong (COW-5) is the Human Resource Manager of the
Company. Her witness statement is marked as COWS-5.
In respect of the Claimant only he testified.
Counsel for the respective parties had at the early stage of the hearing
confirmed that they would not be relying on the evidence adduced at the D.I.
since the D.I. notes were not given to the Claimant at the end of the D.I. for his
verification. In the circumstances they had agreed to rely on the evidence
adduced at the hearing of this case. In the circumstances the need to determine
the validity of the D.I. as well as the accuracy of Notes of the D.I. does not arise.
The Court will rely solely on the evidence adduced at the hearing in respect of
6
this case.
Issues
The issues for determination are as follows:-
(a) Whether the Claimant was dismissed by the Company;
(b) If so, whether the dismissal of the Claimant by the Company was with
just cause or excuse.
The Law
The function of the Industrial Court has been propounded by Mohd. Azmi FCJ
in the Federal Court case of Milan Auto Sdn. Bhd. v Wong She Yen [1995 ] 4
CLJ 449 (“Milan case”) which is as follows:-
“As pointed out by this Court recently in Wong Yuen Hock v Hong Leong Assurance
[1995] 3 CLJ 344, the function of the Industrial Court in dismissal cases on a reference
under s 20 is twofold: first, to determine whether the misconduct complained of by the
employer has been established and secondly whether the proven misconduct constitutes
just cause or excuse for the dismissal.”
In the case of Goon Kwee Phoy v. J & P Coats (M) Sdn.Bhd. [1981] 2 MLJ 129
(“Goon’s case”) the Federal Court enunciated the following principle:-
7
“….. Where representations are made and are referred to the Industrial Court for
enquiry it is the duty of that Court to determine whether the termination or dismissal is
with or without just cause or excuse. If the employer chooses to give a reason for the
action taken by him the duty of the Industrial Court will be to enquire whether that
excuse has or has not been made out. If it finds as a fact that it has not been proved then
the inevitable conclusion must be that the termination or dismissal was without just
cause or excuse. The proper enquiry of the court is the reason advanced by it and that
court or the High court cannot go into another reason not relied on by the employer or
find one for it.” [Emphasis added]
It is trite law that the Company bears the burden to prove that the Claimant had
committed the alleged misconduct and that the misconduct warrants the
Claimant’s dismissal [see Ireka Construction Berhad v. Chantiravathan a/l
Subramaniam James [1995] 2 ILR 11 (Award No. 245 of 1995)].
The Company need only to prove misconduct justifying the dismissal or
termination on the balance of probabilities [see Telekom Malaysia Kawasan
Utara v Krishnan Kutty a/l Sanguni Nair & Anor [2002] 3 CLJ 314 (CA)]
8
Let me now deal with the Issues.
(a) Whether the Claimant was dismissed by the Company?
The answer to this question is in the affirmative since the Company vide letter
dated 28.02.2007 found the Claimant guilty of the Charge of sexual harassment
against Miss Noorraziella Binti Jalaludin, and had dismissed him.
(b) Whether the dismissal of the Claimant by the Company was with just cause or excuse.
The Charge made against the Claimant is as stated in the Company's letter
dated 07.02.2007 and it reads as follows:-
“The charge against you that is between mid November 2006 to January 2007,
you have been alleged to sexually harassed Miss Nooraziella Binti Jalaludin,
the cashier from 82* Ampany Point outlet.”
Before proceeding any further the first issue to be determined is: Is the Charge
valid in law in the first place? With regard to the validity of charges and in so
far as leveling of charges against a delinquent employee is concerned, the
principle is that it is the duty of the employer to specifically set out all charges
with all relevant particulars without which he cannot defend himself. The
9
object of this requirement is that the delinquent workman must know what he is
charged for and have the amplest opportunity to meet the charge and to defend
himself by giving a proper explanation, after knowing the nature of the offence
with which he is charged, otherwise it will amount to him being condemned
unheard. Fair hearing presupposes a precise and definite catalogue of charges,
so that the person charged may understand and effectively meet them. If the
charges are imprecise or indefinite the person charged would not be able to
understand them and defend himself effectively, and the resulting inquiry
would not be a fair and just inquiry.
The employer cannot justify his action on any grounds other than those
contained in the charge-sheet and or stated in the letter of termination. If the
charges are vague and the workman has no opportunity to reply to them, and
the particulars of such charges are also not disclosed to the workman, the
inquiry will not be in conformity with the rules of natural justice.
In the Court of Appeal case of Esso Production (M) Inc v Maimunah bte Ahmad
10
& Anor [2002] 2 MLJ 458 (“Esso Production”) the employee appeared in the
employer’s board of inquiry on two charges viz receiving RM400 from the
employer’s contractors in return for assistance rendered in relation to payment
of that contractor’s invoice, in contravention of the employer’s Gift and
Entertainment Policy and Conflict of Interest Policy; and the concealment and
failure to disclose to the employer the existence of irregular business practices
and/or violation by the employer. Those charges which were criminal or at
least semi-criminal in nature did not state the material particulars viz. the
date, time and place of the alleged offences. At pp 248 f-g; 249 and 250a, Abdul
Kadir Sulaiman JCA (later FCJ) held, inter alia, that those charges were bad in
law for want of particulars and were void ab initio. In this regard His Lordship
Abdul Kadir Sulaiman JCA in delivering the judgment of the Court, stated:
“ Hence the substance relating to the two charges cannot be brushed aside as being of no significance. Taking the words of the learned counsel for the appellant in his submission that the first respondent admitted and did not dispute either during the domestic inquiry or during the proceedings before the second respondent that she had received the money and cashed it, and there was also in the evidence that there was a statement recorded from her during the investigation stage. At least from the purported statement surely the date , time and place the offences alleged to have been committed would have been known to enable proper charges be framed against her. On the two charges, the burden is on the party that alleges to satisfy the tribunal adjudicating the matter that
11
the charges had been proved before the first respondent could be condemned. They are material particulars required to be disclosed in the charges. Without that, how would one accused upon the charges be able to prepare proper defences to them. Simply upon the admission and non-dispute either during the domestic inquiry or during the proceedings before the second respondent would not entitle the learned judge of the High Court in this instant, to proceed to
consider the merits of the case. The validity or otherwise of the charges is the threshold of the matter before the merit could be considered . Looking at the two charges as they stood, we would not hesitate to say that they are bad and the learned judge was therefore, correct when he said that such charges for want of material particulars is void ab initio. With that we agree with the learned judge that on such improper charges before the board of inquiry the finding of guilt upon the first respondent could not stand thereby rendering the dismissal of the first respondent by the appellant to be without
12
just cause or excuse and therefore, unlawful. On this ground alone, this appeal of the appellant against the decision of the learned judge ought to be dismissed.” [Emphasis Added]
The judgment of Esso Production’s case of the Court of Appeal was followed in
a recent High Court case of Intrakota Consolidated Bhd v Mohamad Roslin
Md Shah & Anor [2008] 8 CLJ 81 (“ Intrakota case ”) where the High Court
held that there was nothing perverse in the rationale of the award nor did the
Learned Chairman act in excess of jurisdiction when he found that it was not
necessary to look into the merits of the Respondent’s termination. The material
particulars as to time, place and identity of persons referred to in the charge
were essential to enable the employee to know with certainty the charge levelled
against him and to allow him to prepare and conduct his defence. For such
reasons, the Respondent’s substantive application for judicial review was
dismissed.
Justice Lan Bee Lan in particular strongly emphasized the following at page 92
and 93 of her judgment which is as follows:-
13
“ What is of particular importance is the validity of the charge preferred against the 1st respondent and therefore material particulars as to time, place and identity of persons referred to in the charge are essential to enable the 1 st
respondent to know with certainty the charge levelled against him and to allow him to prepare and conduct his defence; as the learned Chairman stated at p.8 of the impugned award, “It may well be that it is also within the personal knowledge of the claimant (1st respondent), but it is not for the claimant to fill in the gaps … It is for the Respondent to lay all the bare facts as the burden is always upon the Respondent to show by evidence that the excuse or reasons given to terminate the claimant’s employment has been made out or proven”. This approach is in accordance with the legal principles enunciated in the off-cited cases of Goon Kwee Phoy (supra), Hong Leong Assurance (supra) and Milan Auto Sdn Bhd (supra). In addition it is interesting to note the following note at p. 460 G in Esso Production (M) Inc. (supra) “[Editorial Note: The appellant’s application for leave to appeal to the Federal Court (before Ahmad Fairuz Chief Judge (Malaya), Siti Normah Yaakob and Mokhtar Abdullah FCJJ) was dismissed with costs on 22 April 2002]. What can be inferred is that the principles enunciated in Esso Production (M) Inc. (supra) is still good law.” [ Emphasis added ]
Company's contentionThe Company had submitted that the charge against the Claimant is not
defective for the following reasons:-
(a) the period of the commission of the offence had already been stated in the
charge;
(b) the Claimant had never pleaded in his Statement of Case and /or the
Rejoinder that the charge was defective (R Rama Chandran v The
14
Industrial Court of malaysia & anor [1997] 1 MLJ 145);
(c) D.I. had been conducted based on the charge against the Claimant and
the Claimant could not be said to have been oblivious to the nature and
materials of the charge against him. The Company had already pleaded
with sufficient clarity all the material ingredients and the nature of the
charge against the Claimant inter alia in paragraphs 16 to 16.6 of its
Statement in Reply;
(d) the charge is NOT of criminal or quasi-criminal in nature. Gestural and
psychological sexual harassment are not offences under the penal code it
is a wrongdoing or misconduct under the definition and purview of the
Code of Practice on the Prevention and Eradication of Sexual Harassment
in the Workplace;
(e) based on the above factors the cases of Esso Production and Intrakota can
be distinguished and therefore the charge against the Claimant cannot be
regarded as void ab initio
The Claimant's contention
The Claimant had rebutted the Company's contention and submitted the said
15
charge is defective for the following reasons:-
(a) the Company had blatantly disregarded the fundamental principles of
relating to the clarity of the charge for failing to state the time, date and
place;
(b) the allegation that the Claimant failed to plead that the charge is defective
is totally misconceived as what needs to be pleaded are material facts and
not law and as far as the issue of law is concerned it can be raised at any
stage of the proceedings.
(c) based on the above the Charge levelled against the Claimant in the instant
case is bad in law and is therefore void ab initio.
Court's Evaluation
After having analysed the submissions of both parties on the issue relating to
the validity of the charge, I am of the firm view that the charge is indeed grossly
defective based on the following:-
(i) Since it is the principle of law that the validity of the charge is the
threshold of the matter before the merit could be considered, it is
16
incumbent upon the Company to have clearly stated the specific time,
specific dates and place to enable the Claimant to defend himself
adequately bearing in mind that in the instant case the allegation of sexual
harassment is a very complex, sensitive and serious matter and it involves
the employee's honour and reputation. I agree with the Claimant's
submission that in the instant case the charge which states that the offence
of sexual harassment took place between mid November 2006 to January
2007 is rather ambiguous in so far as the dates are concerned.
(ii) The charge also failed to state the time of the alleged offence for the Court
to consider whether the alleged offence, if any, took place during working
hours or outside working hours. In this regard, COW-3 during cross
examination stated as follows:-
“Q.15: Please refer to your answer in Q8 in the witness statement (COW-3). Do you agree that you started working in the Ampang outlet on 20-11-2006?
A: Yes, I agreeQ.15.1: I put it to you that Noor first joined the Ampang outlet on
20-11-2006?A: I disagreeQ.15.2.2: Can you please tell the Court when was Noor placed at the
Ampang outlet?A: I don't know exactly, but it could be on the 20th, 24th or 25th of
17
NovemberQ.15.3: When did you first see Noor in the Ampang outlet?A: 20-11-2006Q.15.4: When did you see the Claimant for the first time in the
Ampang outlet?A: Lepas 2 atau 3 hari selepas 25 atau 26 November 2006.”
Based on the responses of COW-3 in cross examination I am in agreement with
the Claimant's submission that if the Complainant (COW-1) was first present at
the Ampang outlet on the 20-11-2006 and the Claimant was seen for the first
time at the Ampang outlet 2 or 3 days after 25th or 26th of November 2006, then
the question that arises is how then could the Claimant commit the alleged
offence of sexual harassment from mid November 2006? This evidence on the
dates adduced in Court during cross examination of COW-3 was unchallenged
and never explained during re-examination. In my view the Company's failure
to state the precise date and time of the alleged offence of sexual harassment is
fatal and this has fundamentally flawed the nature of the charge since it is
grossly defective.
There is another reason why the stipulation of the specific dates and time must
be precise more so when the charge involves nature of sexual harassment
18
against the Claimant. An offence of sexual harassment cannot be committed for
24 hours a day and 7 days a week, especially when the Claimant and COW-1 do
not work or have their work station under the same premises. Based on the
Company's vague and ambiguous charge, it would appear that the Claimant has
been committing the alleged offence of sexual offence from mid November 2006
until November 2007 every day and 24 hours a day. Furthermore, mid
November as referred to in the charge in plain English can only mean the
middle of the month and the date that is associated with the middle of the
month can precisely be the 15th and even if one were to use the term “mid”
loosely it could be 1 day earlier or 1 day after the 15 th. We do not refer to the 20th,
24th or the 28th as the middle of the month.
(iii) The Company's argument that in view of the fact that a domestic inquiry
had been conducted against the Claimant in respect of the said charge the
Claimant “could not have been said to be oblivious to the nature and materials of the
charge against him.” and therefore he should have known what he is being
charged for is also without merit. This is because firstly, the domestic inquiry
19
which was conducted earlier was based on a defective charge and hence it is
invalid and void ab initio. Secondly, to say that the Claimant ought to have
knowledge of the nature of the charge is not an adequate justification to endorse
a defective charge. In this regard Justice Lau Bee Lan in the Intrakota's case
supported the Learned Chairman's Award by stating that “It may well be that it
is also within the personal knowledge of the claimant (1st respondent), but it is
not for the claimant to fill in the gaps … It is for the Respondent to lay all the
bare facts as the burden is always upon the Respondent to show by evidence
that the excuse or reasons given to terminate the claimant’s employment has
been made out or proven”. This approach is in accordance with the legal
principles enunciated in the off-cited cases of Goon Kwee Phoy (supra), Hong
Leong Assurance (supra) and Milan Auto Sdn Bhd (supra). I am in full
agreement with this view. It is the duty of the Company to frame the charge
properly for the Claimant to adequately defend himself and it not the duty of
the Claimant to fill in the gaps in a defective charge.
(iv) The learned Counsel for the Company had submitted that the charge
20
against the Claimant in the present case cannot be regarded as void ab initio as
the misconducts complained of against the Claimant (i.e. gestural and
psychological sexual harassment) are NOT of criminal or quasi-criminal in
nature. According to the Company's submission gestural and psychological
sexual harassments are not offences under the penal code but it is a wrongdoing
or misconducts under the definition and the purview of the Code of Practice on
the Prevention and Eradication of Sexual Harassment in the Workplace.
Therefore the Company had submitted that the Court of Appeal's case in Esso
Production and the High Court case of Intrakota can be clearly distinguished.
In my view the submission by the learned Counsel for the Company in this
regard is totally misconceived for the following reasons:-
(a) the charge in the present case did not contain the phrase “gestural and
psychological sexual harassment” but only stated “sexual harassment”;
(b) the words “gestural and psychological sexual harassment” appeared for
the first time in paragraphs 15 of the Company's Statement In reply. The
said Paragraph 15 states: “In relation to 15 of the Statement of case, the
Company avers that the panel of inquiry had found that there were sufficient
21
and cogent evidence of misconducts of sexual harassment against the Claimant.
The Company also avers that upon the evaluation of all the evidence, the
Claimant was found guilty of gestural and psychological sexual harassment
against Noor.” The Company used the words “also avers” which means
to say that the “gestural and psychological sexual harassment” is an
additional finding to the charge of sexual harassment i.e. it appears to
be an additional charge which is invalid ;
(c) without condoning this additional charge for purposes of argument even
though Paragraph 15 of the Statement In Reply uses the words “gestural
and psychological sexual harassment” it does not state the material
particulars as to what misconduct of the Claimant amounts to “gestural”
sexual harassment and what misconduct amounts to “psychological”
sexual harassment.
(d) in my view the phrase “gestural and psychological sexual harassment” is
an attempt by the Company to particularize and improve the charge
knowing fully well that the charge as it stands is grossly defective. This is
wrong and unacceptable;
22
(e) sexual harassment can be classified as a criminal offence depending on its
type and nature and therefore the principles enunciated Esso Production
and Intrakota cases in respect of charges are applicable. Even assuming
that certain type of sexual harassment cases are not criminal or quasi
criminal in nature then the question is does the principles enunciated in
the Esso Production and Intrakota cases which involved criminal or
quasi-criminal charges becomes applicable in non- criminal or non quasi-
criminal charges?
In my view the principle applicable is still the same whether it is in non-
criminal or non-quasi criminal charges to the extent that the charges must be
clear and contain material particulars which must not be vague. Though the
material particulars such as time, place and identity are vital elements that
must be present in criminal or quasi criminal charges but in non criminal
charges the requirement applicable with equal force is the precise nature of the
charges with material particulars must be present particularly when the
alleged charges involves sexual harassment like in the instant case. This
23
principle was applied in the Industrial Court Case No: 17/4-1046/03 (Award
No: 1687/2008) between Lim Ean Choo & 12 Others And Tadika Tzu Yu (Tzu Yu
Kindergarten) where the charges were non criminal nor non quasi-criminal in
nature.
Conclusion
I have considered this case very carefully and it is my finding that the Charge
against the Claimant is grossly defective and bad in law for want of material
particulars and for its highly prejudicial nature to the defence of the Claimant
bearing in mind that the Charge against him involves sexual harassment. I
therefore rule that in view of the fact that the Charge is defective and bad in law,
it is therefore void ab initio. Accordingly, following the ratio decidendi in the
cases of Esso Production and Intrakota, I need not delve into the merits of his
termination as the basis of the Claimant's termination is fundamentally flawed
from the beginning due to the grossly defective nature of the Charge. In the
circumstances, I hold that the Claimant's dismissal is without just cause or
excuse. Let me now deal with the issue of remedy.
24
The Claimant prayed for reinstatement in this case. In my view based on the
Court’s assessment of the poor industrial relations climate between the Claimant
and the Company it is certainly not appropriate or expedient to grant the
Claimant the relief of reinstatement. The Court will therefore award the
Claimant the following monetary compensations which involves awarding of
backwages and compensation in lieu of reinstatement (if any) which is fair and
reasonable.
Backwages
The Second Schedule of the Industrial Relations Act 1967 [Ins. Act A1322]
specifically states in item 1. “In the event that backwages are to be given, such
backwages shall not exceed twenty-four months' backwages from the date of
dismissal based on the last-drawn salary of the person who has been dismissed without
just cause or excuse.”
[Emphasis added]
The words “shall not exceed twenty-four months' backwages” clearly connotes
that the Court after considering all the relevant factors of the case can grant
25
backwages at any range between 1 month to 24 months but the maximum range
cannot exceed 24 months. The factors that the Court has taken into account in
the instant case in deriving at the the quantum of backwages are:-
(i) The Claimant has been employed as a confirmed employee right from
from commencement of employment where in Clause 3 of his letter of
appointment as a General Manager-Retail Operations the requirement for
the Claimant to undergo probationary period had been waived by the
Management of the Company;
(ii) He has been employed in a very senior position as a General Manager;
(iii) He has worked for 5 months but this does not mean that the Claimant
must be awarded 5 months compensation in mathematical terms ;
(iv) Some deductions will be made on his post-dismissal earnings since he was
paid for 2 projects;
(v) The issue of contributory misconduct is irrelevant here since the Court did
delve into the merits of the case due to the ruling that the charge is
defective and therefore void ab initio.
After having considered and applied the above mentioned factors it is my
26
considered view that a fair quantum of backwages to be awarded to the
Claimant in the circumstances would be 14 months based on the last drawn
salary (i.e. RM12,000.00 per month which is inclusive of RM1000.00 for car
allowance per month). This works out to be RM12,000.00 x 14 months=
RM168,000.00. The Court will also make some deductions for post-dismissal
earnings since the Claimant had testified that he was earning about RM6,000.00
for 2 projects. The deduction for post-dismissal earnings will be 10%. Since the
Claimant had only worked for 5 months he will not be awarded compensation
in lieu of reinstatement whereby the usual practice is to grant one month's
salary for each completed year of service besides awarding backwages.
The Court therefore makes the following order :-
(a) Backwages RM12,000.00 x 14 months = RM168,000.00
less 10% deduction for post dismissal earnings = RM151,200.00
(b) Compensation in lieu of reinstatement = Nil
Total compensation to be paid to the Claimant =RM151,200.00
It is further ordered that the Company pay the total sum payable amounting to
27
RM151,200.00 (Ringgit Malaysia: One Hundred Fifty One Thousand Two
Hundred Only) in respect of the Claimant's claim less income tax deductions
through the Claimant's Solicitors firm Messrs Ganesh & Co within 30 days from
the date of this Award.
HANDED DOWN AND DATED THIS DAY 5 DECEMBER 2012
(P IRUTHAYARAJ A/L D PAPPUSAMY)PENGERUSI
MAHKAMAH PERUSAHAAN MALAYSIAKUALA LUMPUR
28