Kontrak tempoh tetap tamat bukan pemecatan tak adil, kata mahkamah

The High Court of Malaysia has ruled that the termination of D Elizebeth's fixed-term contract was not an unjust dismissal. In the case, Elizebeth, who joined VDart Malaysia Sdn Bhd in September 2023 as a human resources and administration manager on a one-year contract, earned RM7,300 per month. Her salary was increased to RM7,500 after a job assessment.

When her contract was nearly up in September 2024, she asked about her future with the company, which then offered a three-month extension until December 13, 2024. Elizebeth accepted the extension and signed it, but the company refused to renew her contract after the extension period ended. She claimed she was promised permanent employment and asked for a resignation letter confirming her new status.

However, Anthony, the court's chairman, found evidence that her documents did not support her claim of a promise of permanent employment. Anthony clarified that Elizebeth's email acknowledged her one-year contract had ended and that the extension was offered. Elizebeth also received the extension contract, even though the company refused her request for a salary increase.

The court noted that VDart's status as a startup company and its project-based operation supported its decision to treat Elizebeth as a contract worker for a fixed term. The court concluded that her contract was a fixed-term contract, and the extension until the end of the term naturally ended when the term concluded. Since there was no dismissal, there was no case of unjust dismissal.

Therefore, the claim was rejected. Dashprit Kaur represented Elizebeth, while Timothy Dass represented the company.