WONG MEI YOKE v. TIEN WAH PRESS (MALAYA) SDN BHD

[2017] 3 MELR 709

WONG MEI YOKE v. TIEN WAH PRESS (MALAYA) SDN BHD
Industrial Court, Kuala Lumpur
Gulam Muhiaddeen Abdul Aziz
Award No: 1575 Of 2018 [Case No: 18(12)/4-135/16]
31 October 2017

AWARD

Gulam Muhiaddeen Abdul Aziz:

[1] This was a reference by the Honourable Minister of Human Resources pursuant to s 20(3) of the Industrial Relations Act 1967 (hereinafter referred to as "the Act") arising out of the dismissal of Wong Mei Yoke (hereinafter referred to as "the claimant") by Tien Wah Press (Malaysia) Sdn Bhd (hereinafter referred to as "the company") on 14 May 2015. The reference was received by this court on 10 February 2016.

Brief Facts Of The Case

[2] The claimant first commenced employment with the company in 1993 as a Secretary. She rose up in the ranks and was finally appointed the Head of Human Resources.

[3] On 8 April 2011, the claimant retired from the company's services upon attaining the retirement age of 50 years old pursuant to her contract of employment at that time. The claimant was paid retirement gratuity amounting to RM141,863.88. At the material time, she held the position of Head of Human Resources.

[4] The company then offered the claimant a contract of employment for the period of two years commencing on 11 April 2011 vide a letter of Terms of Employment dated 18 March 2011 for a fixed term period commencing 11 April 2011 to 30 June 2013. Her salary was RM8,682.00 per month.

[5] When the first contract of employment expired, the company offered the claimant a new contract of employment from 2 July 2013 until 30 June 2014 for a period of one year vide a letter of Terms of Employment dated 17 June 2013. Her salary was RM9,354.00 per month.

[6] When this contract had expired, the company further offered the claimant a new contract of employment dated 12 June 2014 for the period commencing 2 July 2014 to 30 June 2015. The claimant's salary was RM9,658.00.

[7] Throughout this period, the claimant continued to hold the position of Head of Human Resources.

[8] Vide a letter dated 13 May 2015, the company informed the claimant that her services were no longer required due to a restructuring exercise undertaken by the company and therefore, her contract was terminated effective on 14 May 2015.

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