INDUSTRIAL COURT OF MALAYSIA CASE NO: 24(14)/4-1119/16 BETWEEN SUSEELA DEVI A/P BALAKRISHNAN AND INTI INTERNATIONAL COLLEGE KUALA LUMPUR SDN. BHD. AWARD NO: 343 OF 2019 BEFORE : Y.A. TUAN P. IRUTHAYARAJ D. PAPPUSAMY CHAIRMAN VENUE : Industrial Court Malaysia, Kuala Lumpur DATE OF REFERENCE : 15.08.2016. DATES OF MENTION”: 12.10.2016, 11.01.2017, 24.08.2017. DATES OF HEARING 04.06.2018, 05.06.2018, 30.07.2018, 15.08.2018, 01.10.2018. REPRESENTATION Mr. V.K. Raj from Messrs P. Kuppusamy & Co., Counsel for the Claimant. Mr. Ravindra Kumar from Messrs Raja, Darryl & Loh, Counsel for the Company. REFERENCE: This is a reference made under subsection 20(3) of the Industrial Relations Act 1967 dated 15.08.2016 arising out of the dismissal of Suseela Devi a/p Balakrihsnan (hereinafter referred to as ‘the Claimant’) by INTI International College Kuala Lumpur Sdn. Bhd. (hereinafter referred to as “the Company”) on 07 12.2015.Facts 4. The Claimant initially commenced employment with INTI College Subang Jaya (Wholly owned by INTI Instruments (M) Sdn. Bhd.) as @ Lecturer with effect from 15.12.2008 to 31.12.2009. 2. By letter dated 21.12.2009 from INTI College Subang Jaya, the Claimant's appointment as a Lecturer was renewed for another year from 01.01.2010 to 31.12.2010. 3. By letter dated 31.12.2009 from INT! College Subang Jaya, the Claimant was appointed to the post of Head of Programme for Bachelor of Business Administration with the Centre for American Education with effect from 01.01.2010 to 31.12.2010 With this appointment, on top of her academic role as a Lecturer, she became involved in management studies in running the programme. 4, By letter dated 28.12.2010 from INT! Instruments (M) Sdn. Bhd., the Claimant was informed inter alia that her employment status was changed from_a contractual _position to a permanent position from 01.01.2011. She was in the permanent position status from 01.01.2011 until 31.12.15 when she was holding the position as Acting Chief Executive of INTI Intemational College Kuala Lumpur when she was undergoing her probation period from 01.04.2015 to 31.12.2015 (“theprobation period”). Therefore, for avoidance of doubt, effectively she was in a permanent position status for a total period of 5 years inclusive of the probation period 5. By letter dated 07.06.2010 from INTI College Subang Jaya, the Claimant was appointed as Director of Pre-University Studies commencing 07.06.2010 until 31.12.2011. Later, vide letter dated 27.02.2010, the Claimant was appointed by INT! International College Subang as Director of Centre of Pre-University Studies from 01.01.2012 to 31.12.2012. 6. _Bylater dated 11.08.2011 from INTI International College Subang, the Claimant was promoted from Lecturer to Senior Lecturer under Job Grade SL2 with effect from 01.01.2011 7. By letter dated 28.12.2010 from the INTI Instruments (M) Sdn. Bhd., the Claimant was appointed as Director of Operation — Kuala Lumpur Campus with effect from 01.01.2013. With this appointment she became a full time management staff. 8 Another Company called Metropolitan College Sdn. Bhd. appointed the Claimant to the same position with a change to the title of Director of Academic Operations — Kuala Lumpur Campus. 9. By letter dated 10.03.2015 issued by INTI international College Kuala Lumpur (formerly known as Metropolitan College run by Metropolitan College Sdn. Bhd.), the