​[9] Despite not having a written contract of employment, the Claimant commenced employment on 3.12.2018 and was paid RM4,000.00 per month. Hence, there was an employer/employee relationship between the Company and the Claimant.

[10] The failure of the Claimant to recommence work as directed lead to an indication that the Claimant no longer intended to be bound by the terms and conditions of the employment relationship.

[11] It was not the responsibility of the Company to make payment for the Covid - 19 swab tests. Thus, the failure of the Claimant to undertake the Covid - 19 swab test was the reason for his failure to attend work. His lost of employment was with just cause.

[12] It was a mandatory requirement by the Government that the Covid – 19 swab test was a condition to move across states for purposes of work. Safeguarding its interests and in complying with the instructions issued, the Company was required to obtain the test results of the Covid 19 swab test from an employee before issuing approval to the employee to cross states to report for work at the worksite. The Company was required to enclose the test results of the Covid - 19 swab test in its application to MITI.

[13] The Company informed the Claimant that he was required to take the Covid - 19 swab test on the 10.4.2020 and 6.5.2020. There was no evidence in the form of documents or otherwise before the Court that the Claimant undertook the Covid – 19 swab test. In the absence of the Covid – 19 swab test results from the Claimant, the Company could not recall the Claimant to work.

[14] The lack of money for the purpose of undergoing the Covid – 19 swab test is not a reasonable reason for the Claimant to claim unfair termination of employment by the Company for his failure to attend work at the worksite. There are other various alternatives for the Claimant to get money for that purpose other than placing full reliance on the Company for that purpose.

[15] Bound by the MCO, the Company has the right and mandate to organize activities at the project site in accordance with the conditions, limits and time limits placed by the Government. The Company’s conduct of placing another employee as crane driver at the worksite was reasonable to ensure that the work is carried out in an orderly manner as scheduled.

[16] The Claimant’s termination was with just cause and excuse.

 
[17] The Claimant’s claim is dismissed.