AWARD

Syed Noh Said Nazir @ Syed Nadzir:

Reference

[1] This is a reference by the Director General of Industrial Relations Malaysia under s 20(3) of the Industrial Relations Act 1967 ("the Act") arising out of the dismissal of Wong Fook Yoong (hereinafter referred to as "the Claimant") by MWA Holdings Sdn Bhd (hereinafter referred to as "the Company") on 1 October 2022.

A. The Proceeding

[2] The matter was heard on 29 August 2024. Both parties were represented by solicitors. The following witnesses were called to give evidence:

(i) Encik Mohd Shahrizal bin Ramli, former Human Resources and Administrative Department Manager of the Company - the Company's 1st witness;

(ii) Madam Ee Chu Waa, the Company's sole Director - the Company's 2nd witness; and

(iii) Mr Wong Fook Yoong, the Claimant himself - who had testified as the sole witness for the claimant (CLW-1).

[3] This court had considered the pleadings and documents filed by the parties as follows:

a) Statement of Case of the Claimant (SoC);

b) Statement in Reply of the Company (SiR);

c) Rejoinder of the Claimant;

d) Company's Written Submission;

e) Written Submission of the Claimant;

f) Company's Written Submission in Reply; and

g) Reply Submis