Industrial Court chairman Andersen Ong said Apex-Pal Malaysia Sdn Bhd had failed to show Chang Choon Wai’s role and functions had become redundant.

“I agree with the claimant’s contention that the company had dismissed him because he refused to go on unpaid leave,” he said in his 24-page award.

Ong said it may be undesirable to order reinstatement for Chang given the lapse of time and that the company had employed another person.

He said Chang had also found new employment and was working at the time the trial took place in the industrial court.

“As such, the court shall make a deduction of 60% from the total back wages to be awarded to the claimant for post-dismissal earnings,” he said.

He said a probationer was entitled to a maximum of 12 months of the last drawn basic salary and, in Chang’s case, his monthly earning was RM6,300.

On that basis, the court calculated it to be RM75,600 but deducted RM45,360 for post-dismissal earnings, leaving RM30,240.

Chang began working on Nov 27, 2019 and was asked to take unpaid leave in the midst of the movement control order in 2020 but he refused.

Instead, he counter-proposed to go on leave subject to the company paying him 50% of his salary for that period.

He received an email from the company saying he was terminated on grounds of redundancy, effective April 17, 2020, and would be paid RM5,392.30.