AWARD

Paramalingam J Doraisamy:

[1] The Ministerial reference in this case required the Court to hear and determine the claimant's complaint of dismissal by the company on 28 March 2019.

I. Procedural History

[2] The Court received the letter pertaining to the Ministerial reference under s 20(3) of the Industrial Relations Act 1967 on 2 October 2019.

[3] The matter was thereafter fixed for mention on 24 October 2019, 12 December 2019, 16 December 2020, 22 March 2021 and 15 June 2021.

[4] The trial proceeded on 5 October 2021, 6 October 2021 and concluded on 15 October 2021.

Parties' Position On The Merits

(a) The Claimant

[5] The claimant had been working with a company known as China Communication Construction company (CCCC) as an expatriate in WM Railway Project Ethiopia (East) Africa from February 2015 to February 2016.

[6] The claimant was 52 years old when she was offered the job as a Senior Translator in the company in August 2015. During negotiations pertaining to the terms of the employment, the claimant had sought clarification from the company on her retirement age wherein the company's representative, ie Soo Meng Yee (COW-2; Senior Human Resource Executive), vide an email dated