AWARD

The Reference:

This is a ministerial reference dated 21.6.2006 under section 20(3) of the Industrial Relations Act, 1967 arising out of the dismissal of one Norizaham bin Chik ('the Claimant') by Pangkor Discovery & Outdoor Quest Sdn. Bhd . ('the Company') on 6.8.2005. The order in this regard of the Honourable Minister of Human Resources, Malaysia was received by this Court's registry at Kuala Lumpur on 24.8.2006 and afterward by this Division of the Court at Ipoh, Perak on 8.9.2006.

Opening Remarks:

After the receipt of the record of reference by this Division, mention dates for the management and administration of this file were fixed and carried out between 2.11.2006 and 30.4.2007. It was then fixed for the trial to commence on 7.4.2008. The hearing began on that date and continued thereafter on 8.4.2008 and 19.8.2008; and it concluded on 9.12.2008. The entire hearing was conducted before Y.A. Madam Choong Siew Khim, the then Chairman of this Division; and on the directions of that Learned Chairman, written submissions were filed for and on behalf of the Claimant on 11.2.2009; and for and on behalf of the Company on 24.3.2009. A reply for and on behalf of the Claimant was fil