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2024 MarsdenLR 1087

INDUSTRIAL COURT KUALA LUMPUR
THAVANESWARAN MUTAYA – Appellant
Versus
MY JET XPRESS AIRLINES SDN BHD – Respondent


Table of Content
1. company failed to appear (Para 5)
2. claimant dismissed due to retrenchment (Para 11 , 12)
3. court found dismissal unjustified (Para 22 , 23 , 24)
4. court orders payment to claimant (Para 32)

AWARD

Amrik Singh:

Reference:

[1] This is a reference dated 12 March 2024 by the Director General of Industrial Relations, Malaysia made under s 20(3) of the Industrial Relations Act 1967 (the Act) arising out of the dismissal of Thavaneswaran A/L Mutaya by My Jet Xpress Airlines Sdn Bhd on 31 January 2023.

Preliminary

[2] This matter first came up for e-mention on 29 April 2024 before the Assistant Registrar wherein the Company's Human Resource Officer and the Claimant was present during which a date for parties to file their respective pleadings was given. On the 6 June 2024, the second mention date, the Company's representative was absent whilst the Claimant filed his Statement of Case.

[3] Consequently, notice for the subsequent mention date on 1 July 2024 was issued to inform the Company of the subsequent mention date and the need to file the Statement In Reply. On 1 July 2024, the Company again failed to appear before this Court or filed any cause papers. The Claimant info


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