AWARD

Syed Noh Said Nazir @ Syed Nadzir:

Reference

[1] The dispute before this Court emanates from a Ministerial reference dated 15 July 2020, wherein the Honourable Minister of Human Resources, Malaysia whilst exercising his powers under s 26(2) of the Industrial Relations Act 1967 pertaining to a trade dispute between the Company and the Union regarding the retirement benefits from the service of Rajandran a/l Natarajan ("Rajandran").

Brief Facts Of This Dispute

[2] Rajandran commenced his employment with Toshiba Electronic (M) Sdn Bhd ("Toshiba Electronic") on 22 November 1976. Effective from 15 October 1984, Toshiba Capacitor (M) Sdn Bhd ("Toshiba Capacitor") took over its electrolytic capacitor manufacturing activities from Toshiba Electronic. Rajandran accepted Toshiba Capacitor's offers to continue his employment under the same terms and conditions of employment as Toshiba Electronic. This includes maintaining his salary, benefits and a continuous contract of service calculated from the date he commenced his employment at Toshiba Electronic. In August 1995, Toshiba Capacitor changed its name to Chemi-Con (M) Sdn Bhd.

[3] By a letter dated 14 October 2019, the Company formally no