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2023 MarsdenLR 1242

INDUSTRIAL COURT KUALA LUMPUR
SELVARANI SELVADURA – Appellant
Versus
ARNOLD ANDREW & CO – Respondent


Petitioner Advocates:R Thayalan,Ambbi Balakrishnan ,Respondent Advocate: Kelvin Manuel Pillay,Low Henn Kai

[1] This is a reference made under s 20(3) of the Industrial Relations Act 1967 [Act 177] arising out of the dismissal of Selvarani Selvadurai (hereinafter referred to as "the Claimant") by Arnold Andrew & Co (hereinafter referred to as "the Company") on 1 May 2020.

[2] The Ministerial reference in this case required the Court to hear and determine the Claimant's complaint of dismissal by the Company on 1 May 2020 and was received by the Industrial Court on 3 May 2021.

[3] Hearing of this case proceeded on 5 October 2022, 6 October 2022 and concluded on 13 October 2022. In this trial, the following witnesses have been called by the parties:

(a) The Claimant's witness:

CLW-1: Ms Selvarani Selvadurai, the Claimant, former Conveyancing Lawyer of the Company.

(b) The Company's witness:

COW-1: Arnold Andrew P. Anthony Muthu, Managing Partner of the Company.

COW-2: Ms N. Vachala Bai L. Nagaraja Rao, Legal Executive in the Company.

[4] This Court had considered all the notes of proceedings in this matter, and the following documents in handing down this Award:

(a) Pleadings

(i) Statement of Case dated 3 September 2021;

(ii) Statement in Reply dated 21 September 2021;

(iii) Rejoinder dated 28 Septem

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