Court chairman Augustine Anthony, however, said claimant Ang Chin Gaik was only entitled to 20 months’ back wages as he had yet to serve one full year of employment with WV Services Malaysia Sdn Bhd.

As such, Anthony said the court could not award Ang compensation in lieu of reinstatement.

He said Ang, whose last drawn monthly salary stood at RM68,836.11, was fortunate that the company had considered him a permanent employee and not a probationer.

The court awarded him 20 months’ back wages worth RM1,380,722.20, inclusive of a monthly allowance of RM200.

On top of being absent for the hearing, the company, an event, training and conference organiser, failed to file any submissions in the case.

“Having satisfied itself that the company had not appeared before this court despite being informed of the hearing date, this court proceeded with the trial by calling the claimant to state his case to ensure the expeditious determination of the matter as allowed by the Industrial Court Rules 1967,” Anthony said in a 25-page award released last week.

He said that as the company had tendered no evidence for the court’s consideration, Ang’s evidence was completely unchallenged.

Ang claimed he was dismissed from his employment on June 18, 2022, without being assigned any reason for the termination.

He first commenced employment as a company director on Dec 11, 2015, and was offered the post of general manager on May 1, 2016.

However, the company terminated his services as general manager on Dec 4, 2020 although he remained a director without pay.

Effective Nov 15, 2021, Ang was again appointed to the general manager’s post but was dismissed on June 18, 2022, serving only seven months.

Anthony said the company’s solicitors had discharged themselves from further acting for WV Services on Aug 6 last year. No lawyer was appointed subsequently to act for the company at the trial, which began on Nov 25 last year.

Ang, represented by Muhendaran Suppiah and Carmelia Yong, said the company had breached the principles of natural justice, engaged in unfair labour practices and victimised him.

He said the company had violated his legitimate expectation to be an employee until retirement.

Muhendaran said he has instructions from his client to file for non-compliance with the court award should the employer fail to settle the amount within 30 days from March 3.