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HIGH COURT MALAYA PULAU PINANG
DN CLEANING & SERVICES (M) SDN BHD – Appellant
Versus
KOAY KAR HIN – Respondent
| Table of Content |
|---|
| 1. unfair dismissal claim and procedural history (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. details of the claimant's employment and dismissal (Para 7 , 8) |
| 3. company’s arguments against the dismissal claim (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. court's analysis on the appeal and legal standards (Para 15 , 16 , 17 , 18) |
A. Introduction
[1] This is an appeal by the Appellant/Company against the award of the Industrial Court which was delivered on 12 December 2023, allowing the Respondent/Claimant's claim for unfair dismissal without cause and awarded RM18,000.00 to the Respondent/Claimant for back wages. This appeal was filed by the Appellant/Company for the reason that the hearing in the Industrial Court was done in the absence of the Appellant/Company to give direct evidence to prove its case.
[2] The parties will be referred to as the Claimant and Company as they were in the Industrial Court.
B. Background Of The Case
[3] The case before the Industrial Court (IC) is pursuant to a reference made on 29 May 2023 by the Director General of the Industrial Relations Department to the Industrial Court of Malaysia under s 20(3) of the Industrial Relations Act 1967 arisin
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