KBR/11002/2022/0331 between Puganesh a/l Bubalan vs Shibata Asia Sdn Bhd
Claimant claim against Company for the following
1) balance wages March 2022 - RM1,623.93
2) notice in lieu - RM1,452.00
3) termination benefits - RM675.33 (1 year 2 months)
Claimant's contention
Claimant claim that he was told by his superior not to come to work on 18.3.2022. He called the company HR in the afternoon to find out his employment status and he also wrote to company on 24.3.2022 of the same. Claimant even lodge a police report on 28.3.2022 which Company was unaware till the hearing date.
Company's contention
Claimant left the company and before he left he had voiced his dissatisfaction about his wages and that he is no longer interested in working at Phase 3 and said that his brother will come to fetch him.
The CCTV footage shows the claimant leaving the company premises on the said date.
Claimant called the Company's HR Senior Executive and also wrote on 24.3.2022 inquiring about his status of employment with the company.
Company wrote to the claimant on 29.3.2022 and requested the claimant to provide explanation however claimant did not provide any. Claimant when being asked in court agreed he received letter dated 29.3.2022 and did not respond to it. And also agreed that letter dated 29.3.2022 is not a termination letter.
Based on company's witnesses, bundle of documents company averred that claimant abandoned his contract of employment as there was no termination at any material point of time.
With reference to the balance March 2022 wages, evidence by Company already paid and claimant too agreed as he had also informed the court about it. With regards to the notice in lieu and termination benefits, company avers there is no basis for such claim as there was no termination by company. It was the claimant that walked out of his employment at 10.30am on 18.3.2022 without punching out his attendance card.
Court's Order
1) balance wages March 2022 no longer a claim as already been paid to claimant
2) notice in lieu and termination benefits claims dismissed (dibuang)
Representation by MEF – Dato Jalaldin bin Hussain and Prema a/p Kesavan