AWARD

Syed Noh Said Nazir @ Syed Nadzir:

Reference

[1] This is a reference dated 16 May 2023 made under s 20(3) of the Industrial Relations Act 1967 ("the Act") arising out of the dismissal of Amnie Izzaty binti Mohd Soji (hereinafter referred to as "the Claimant") by Velocity Technology Sdn Bhd (hereinafter referred to as "the Company") on 14 February 2022.

[2] The reference in this case required the Court to hear and determine the Claimant's complaint of constructive dismissal by the Company on 14 February 2022. Hearing proceeded and concluded before Chairman of this division of Court 21 on 12 August 2024 pursuant to the instructions from the learned President of the Industrial Court of Malaysia in order for a final award be handed down.

Procedural History

[3] Having received the reference by the Director General of Industrial Department dated 16 May 2023 pursuant to s 20(3) of the Industrial Relation Act 1967, this Court had proceeded to fix dates for e-mention for 27 June 2023, 16 August 2023, 6 September 2023, 12 October 2023, and 23 November 2023. The parties to the proceeding were duly informed of the first e-mention date on 27 June 2023 vide Form F dated 9 June 2023 was