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2015 MarsdenLR 467

INDUSTRIAL COURT SARAWAK
THOMAS NGU TOH KAI – Appellant
Versus
PPES WORKS (SARAWAK) SDN BHD – Respondent


Petitioner Advocates:Satinder Singh ,Respondent Advocate: Allan Lao,Lidwina Kiew

Table of Content
1. dispute referred under industrial relations act. (Para 1)
2. claimant argues charges are defective. (Para 2 , 3 , 6)
3. court considers the need for defense preparation. (Para 4 , 5)
4. court recognizes charges as defective but not void. (Para 7)
Gabriel Gumis:

Minister's Reference

[1] The Honourable Minister referred this dispute between Thomas Ngu Toh Kai ("the Claimant") and his former employer PPES Works (Sarawak) Sdn Bhd ("the Company") to this Industrial Court for an award pursuant to s 20(3) of the Industrial Relations Act , 1967. The dispute came about following the dismissal of the Claimant by the Company on 14 June 2007.

Claimant's Application For Hearing Of Preliminary Issues

Defective Charges

[2] In the course of the proceedings before the Court and before the case comes up for the trial proper, the Claimant has taken out this application concerning the following issues, and has invited the Court to determine them as preliminary issues.

[3] The issues concerned are the validity of the 2 charges framed against the Claimant upon which the domestic inquiry (DI) panel found the Claimant guilty, which finding consequently led to his dismissal. The Claimant contend

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