AWARD

Paramalingam J Doraisamy:

Reference

[1] This is a reference made under s 20 (3) of the Industrial Relations Act 1967 (Act 177), arising out of the dismissal of Saiful Azrie Joseph Bin Abdullah (hereinafter referred to as "the Claimant") by PEC Powercon Sdn Bhd (hereinafter referred to as "the Company") on 20 September 2022.

[2] The reference by the Director General of Industrial Relations ("DGIR") in this case required the Court to hear and determine the Claimant's complaint of dismissal by the Company on 20 September 2022.

I. Procedural History

[3] The Court received the letter pertaining to the DGIR's reference under s 20(3) of the Industrial Relations Act 1967 on 3 April 2023.

[4] The matter was fixed for mention on 27 April 2023, 4 July 2023 and 6 September 2023.

[5] The trial proceeded on 3 October 2023, 20 November 2023, 15 February 2024, 27 February 2024 and concluded on 1 March 2024.

Parties' Position On The Merits

a. The Claimant

[6] The Claimant was appointed as a Driver with the Company on 6 January 2022. Prior to the said appointment, the Claimant had also been a Driver on a part-time basis with the Company from November to December 2021.

[7] The Claimant was involved